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2016 Supreme(MP) 770

SANJAY YADAV
Rauf Khan – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner: Shri. D.K. Tripathi, Learned Counsel.
For the Respondent:Shri. Ajay Pratap Singh, Government Advocate.

ORDER :

Sanjay Yadav, J.

1. Petitioner seeks quashment of proceedings for confiscation of Vehicle bearing registration No. MP09KB2936 Model TATA 407 Truck.

2. The vehicle in question was found carrying teak wood on 24.02.2015. As the transportation was found to be without proper authority the vehicle and the teak wood was seized by the Forest Authorities at village Gawakheda, Forest Range Ashta, Forest Division Sehore. Forest offence was registered vide POR No.22283/2006 punishable under Section 2 (4) (A), 52 of Indian Forest Act, 1927; under Section 5/15 of Madhya Pradesh Vanopaj (Vpayar Viniyaman) Adhiniyam, 1969. That a confiscation proceedings has been initiated under Section 15 of Adhiniyam, 1969.

3. Contention on behalf of the petitioner is that because of the initiation of criminal proceedings simultaneous proceedings for seizure of the vehicle and the material (teak wood) seized is impermissible in view of the decision in Premdas s/o Mangaldas Bairagi v. State of M. P. and others: 2013 (2) MPLJ 218, wherein co-ordinate Bench of our High Court relying on the decision in Madhukar Rao s/o Malik Rao v. State of M. P. and others: 2000 (1) MPLJ (FB) 289 and Principal Chief Conservato












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