As per S.A. Bobde, CJ. :-

The appellant/petitioner has challenged the order of confiscation dated 27-1-2007 passed by the Revisional Authority, i.e., District and Sessions Judge, Balaghat refusing quashment of the order dated 25-3-2006 passed by the Divisional Forest Officer and confirmed by the Appellate Authority by its order dated 10-10-2006 in the writ petition.

2. By the said orders the respondent/Forest Officer has confiscated the petitioner's machines known as Pokland Tata Machine (Hitachi-Ex-60) (chain wheel drive) as well as Dumpers bearing registration No. MP 26-D/3150 and MP 23-D/5004 under Sections 26 (1), 30 and 33 of the Indian Forest Act, 1927 read with Section 2 (2) of the Forest Conservation Act, 1980.

3. The undisputed facts are that the petitioner's machines were seized by the Forest Officer on 24-11-2001 while they were found engaged in lifting Manganese Ore from mines in the forest area. On a complaint made by the Beat Officer of the Forest Department one Chhotelal and two other persons were found at the spot with the aforesaid vehicles. According to the Forest Authorities the contractor, who had hired the vehicles of the petitioner/appellant, in conspir