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CRL.RP No. 480 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JANUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE R. NATARAJ

CRIMINAL REVISION PETITION NO. 480 OF 2021

BETWEEN:

P S SAMIULLA

AGED ABOUT 50 YEARS,

S/O WALLISAB

RESIDING AT NO.18-7-6

AZADNAGAR HINDUPUR

ANANTHAPURA DISTRICT

ANDHRA PRADESH.

…PETITIONER

(BY SRI. BUDRUNNISA., ADVOCATE)

AND:

THE STATE OF KARNATAKA

REPRESENTED BY T M RAVI KUMAR

RANGE FOREST OFFICER

MOBILE FOREST SQUAD

BENGALURU

…RESPONDENT

(BY SRI. KRISHNA KUMAR K.K., ADVOCATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO

SET

ASIDE

THE

JUDGMENT

AND

ORDER

PASSED

BY

THE

AUTHORIZED OFFICER, THE DEPUTY CONSERVATOR OF FOREST,

FOREST MOBILE SQUAD, BENGLAURU IN FOC NO.59/2018-19 DATED

28.05.2019 AND CONFIRMED BY THE I ADDITIONAL DISTRICT AND

SESSIONS JUDGE, CHIKKABALLAPURA IN CRL.A.NO.43/2019 DATED

09.01.2020.

THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

Digitally

signed by

SUMA

Location:

HIGH

COURT OF

KARNATAKA

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CRL.RP No. 480 of 2021

ORDER

This revision petition is filed challenging the order of

confiscation dated 28.05.2019 passed by the Authorized

Officer, the Deputy Conservator of Forest, Forest Mobile Squad,

Bengaluru in FOC No.59/2018-19 under Section 71A of the

Karnataka Forest Act, 1963 (hereinafter referred to as 'the Act,

1963' for short) as well as the judgment dated 09.01.2020

passed

by

the

I

Addl.

District

and

Sessions

Judge,

Chikkaballapura in Crl.A.No.43/2019, which upheld the order of

confiscation.

2.

The facts in brief are that, on receipt of credible

information, the Bengaluru Mobile Forest Squad headed by its

Zonal Forest Officer checked the vehicles moving on Hindupura-

Gowribidanuru Main Road at Vidurashwatha junction on

13.12.2018 at 11.30 pm. On 14.12.2018 at about 02.15 am, a

vehicle bearing registration No.AP-02-TD-0938 was searched

and it was found carrying 220 bags of sandalwood powder. The

driver of the vehicle did not furnish any documents to justify

the consignment. Thus, a case in FOC No.59/2018-19 was

registered for the offences punishable under Sections 2(7)(A),

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CRL.RP No. 480 of 2021

2(18), 71A, 80, 84, 86, 87, 104B of the Karnataka Forest Act

and Rules 153, 156, 157 read with 165 of the Karnataka Forest

Rules, 1969. The vehicle along with the sandalwood powder

was seized and proceedings were initiated for confiscation

under Section 71A of the Act, 1963. An application was made

on 28.05.2019 for release of the vehicle. The Authorized Officer

held proceedings and examined PWs.1 to 4, who marked

Exs.P1 to P8 and marked M.Os.1 and 2. The Authorized Officer

after considering the oral and documentary evidence, passed

an order dated 28.05.2019 holding that the vehicle in question

was used for the commission of the forest offence and hence,

passed an order confiscating the vehicle and the sandalwood

powder.

3.

Being aggrieved by the same, the petitioner

belatedly challenged the order under Section 71D of the Act,

1963. The Appellate Court after hearing the parties and

perusing the record held that the delay in filing the appeal was

due to a reason which was beyond the control of the petitioner

and hence, condoned it. However, it dismissed the appeal on

the ground that no attempt was made by the petitioner or its

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CRL.RP No. 480 of 2021

driver to adduce evidence before the Authorized Officer to

establish that they were not aware of the sandalwood powder

being transported in the vehicle.

4.

Being aggrieved by the same, the present revision

petition is filed.

5.

Learned counsel for the petitioner submits that a

case in FOC No.59/2018-19 was registered for the offences

punishable under various provisions of the Karnataka Forest Act

and Rules and therefore, until the said case is disposed off, the

respondent cannot dispose off the confiscated property. She

submitt