G. S. AHLUWALIA
Ankush Pandey – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This application under section 482 of Criminal Procedure Code has been filed against order dated 4-12-2023 passed by Third Additional Sessions Judge, Shahdol in Criminal Revision No. 37/2023 arising out of order passed by Appellate Officer-cum-Chief Conservator of Forest, Circle Shahdol in Case No. 6/2023 by which appeal filed by applicants against confiscation of their vehicle was dismissed.
2. It is the case of applicants that tractor and trolley of applicants were seized on the allegations that sand was being transported in an illegal manner and the Driver of the tractor was not having relevant documents and accordingly, POR No. 10610/2007 was registered against the accused for offence under sections 2(4)(b), 33(1)(b) and 52 of Indian Forest Act.
3. It is submitted by counsel for applicants that applicants were not aware of the illegal activities of the Driver. The applicants in response to show cause notice had also submitted that they are ready to deposit the cost of compensation for the damages caused by their Driver to forest area and without appreciating the defence of applicants as well as readiness and willingness expressed by applicants to compensate the loss caused
Vehicle owners are liable for illegal activities conducted with their vehicles, and ecological protection necessitates strict enforcement of relevant laws.
The legislative intent to ensure effective adjudication and deterrence against activities threatening the environment, as highlighted in the Indian Forest Act, 1927, and relevant judgments, influence....
Implied consent of the owner for illegal activities and the impact on the ecosystem influenced the court's decision.
The court clarified that confiscation and criminal proceedings are distinct, allowing interim custody of a seized vehicle if confiscation proceedings are not initiated.
Section 21 further provides that whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any....
The court emphasized the distinct nature of offences under the MMDR Act and the IPC, highlighting the interpretation of Section 22 of the MMDR Act and the ingredients constituting the offence of thef....
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