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2003 Supreme(Mad) 1161

P.K.MISRA
S. Gowri – Appellant
Versus
The Assistant Conservator of Forest Prosecution Squad & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.L. Karthikeyan, Advocate. For the Respondents:Ms. Selvi George, Govt. Advocate for Mr. Sethuraman, Spl.G.P.

Judgment :-

The petitioner is the registered owner of the vehicle bearing Registration No.TN-09-E-2817, which she has purchased with the help of loan granted by Tamil Nadu Industrial Investment Corporation. The vehicle was being given on hire to various persons. On 21.3.1995, the vehicle was given on hire to one Haja Moinudeen on the basis of the recommendation made by the driver Sridhar and accordingly, the vehicle went to Ranipet and returned next day. On 22.3.1995, the driver told the petitioner that one relative of the aforesaid Haja Moinudeen wants to go to Sholingur on 23.3.1995 and accordingly requested the owner to give the vehicle on hire. Accordingly, the vehicle was booked by the driver in the name of Sri R.C., No.15, Second Street, Bajanai Koil, Choolaimedu and the vehicle was taken on 23.3.1995. Since the vehicle did not return till the night of 24.3.1995, the petitioner contacted in the address was a bogus one. Thereafter, she lodged a complaint before the police on 28.3.1995. She came to learn that the vehicle had been seized by the Forest Department on the allegation that Sandalwood has been smuggled in the vehicle. Subsequently, the petitioner received a notice to


















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