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2013 Supreme(MP) 760

RAJENDRA MENON
Premdas – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Appearances :Mr. S.K. Tiwari, Advocate for the Petitioner
Mr. S.K. Singh, Panel Lawyer for the Respondents/State.

JUDGMENT :

Heard.

2. Challenging the order passed by the Appellate Authority and the Revisional Authority in the matter of confiscation of a vehicle and contending that during pendency of the criminal case the vehicle cannot be confiscated this writ petition has been filed.

3. The facts that have come on record show that the allegation is to the effect that on 10-10-2004 at about in the afternoon a tractor bearing, registration No. MP 48-MO-0959 along with a trolley bearing Registration No. MP 48-MO-0960 was seized carrying teak woods in an illegal manner. Accordingly, the offence under the Indian Forest Act read with M.P. Vanopaj Vyapar Viniyaman Adhiniyam, 1969 was registered and the driver and person sitting in the tractor were arrested. The prosecution was launched against them and criminal case is still pending. However, during pendency of the criminal case a proceeding has been initiated for confiscation of the tractor and Competent Authority has directed for confiscation of the vehicle and the appeal and revision against the same having been dismissed, the petitioner has filed this petition.

4. Even though various grounds have been raised in the petition and learned Counsel for





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