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2005 Supreme(MP) 1176

A.K.SHRIVASTAVA
Sarjoo Prasad – Appellant
Versus
State of M. P. – Respondent


Advocates:
D.K. Dixit for petitioner; Vinod Mehta, Government Advocate for respondents.

ORDER

1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the orders Annexure P-5 dated 14.3.1995 passed by respondent No.4. Annexure P-6 dated 21.7.1996 passed by Conservator of Forest. Jabalpur and Annexure P-7 dated 26.12.1995 passed by III Additional Sessions Judge. Jabalpur. By these orders impugned tractor and trolley of petitioner Sarjoo Prasad has been directed to be confiscated.

2. It is no more in dispute that petitioner is the owner of impugned tractor and trolley No. MPQ 3009 which was seized by the forest authorities ad-diem 19.1.1995. On that day tractor and trolley was sent by the petitioner to village Basadi for some agriculture work and the same was driven by driver Ashok Kumar. When the tractor was returning from village Hasadi. residents of village Khirahani stopped the same and requested the driver to load their Jarwa and Geda (thorns) to carry the same to their village. The tractor and trolley was seized by the forest authorities and seizure memo Annexure P- 1 was prepared indicating therein that wet fuel wood, Jarwa and tractor and trolley were seized. In Annexure P-2 which is a show cause notice it ha







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