IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

20th OF FEBRUARY, 2024 WRIT PETITION No. 15712 of 2021 BETWEEN:-

RAM NARESH PRAJAPATI S/O SHRI KUTURUVA, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE BHAUPUR POST HARDOLI TAHSIL AND DISTRICT CHITRAKUT (UTTAR PRADESH)

.....PETITIONER (BY SHRI UDAY RAJ MISHRA - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY FOREST DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE 1^ST ADDITIONAL SESSIONS JUDGE /

REVISIONAL AUTHORITY REWA DISTRICT REWA (MADHYA PRADESH)

3. THE APPELLATE AUTHORITY /

CONSERVATOR OF FOREST REWA CIRCLE, REWA (MADHYA PRADESH)

4. THE PRESCRIBED AUTHORITY / SUB DIVISIONAL OFFICER FOREST SUB DIVISION CHITRAKUT, DIVISION SATNA (MADHYA PRADESH)

5. THE VAN PARIKSHETRA ADHIKARI CHITRAKUT, DISTRICT SATNA (MADHYA PRADESH)

.....RESPONDENTS (BY MS. ANKITA KHARE – PANEL LAWYER )

............................................................................................................................................

This petition coming on for orders this day, the court passed the following:

ORDER

This petition under Article 226 of Constitution of India has been filed against order dated 22.07.2021 passed by First Additional Sessions Judge, Rewa, District Rewa in Criminal Revision No.93/2021 arising out of order dated 22.03.2021 passed by Conservator of Forest, Rewa Division Rewa in Suo Moto Appeal No.5/2021 by which Mahindra Bolero Pickup vehicle bearing registration No.UP 96-T/3508 has been confiscated.

2. The facts necessary for disposal of present petition in short are that on 08.10.2020, the forest team consisting forest officials was on patrolling. They noticed that one Pickup vehicle was coming from the side of Chitrakoot and was going towards Majhgawan main road on which fire wood was loaded. The vehicle was stopped. The driver disclosed his name as Kallu alias Umesh Kumar Prajapati R/o Bhaupur, Post Hardouli, District Chitrakoot (U.P.). He also informed that he is coming from the side of Chourha forest. Some ladies had collected the fire wood and after noticing the vehicle, they loaded the said wood on the vehicle. Accordingly, 18 bundles (Gathhe) of fire wood were loaded on his vehicle and he was coming towards Majhgawan. The fire wood was seized. Thereafter, when driver was directed to produce the documents pertaining to transportation of fire wood, then he could not produce the same. In absence of relevant documents, the fire wood as well as Mahindra Pickup vehicle bearing registration No.UP 96-T/3508 were seized and POR No.451/2022 was registered on 08.10.2020. After seizure of fire wood, proceedings for confiscation were initiated. Show cause notice was issued to the owner and driver of the vehicle. Thereafter, Prescribed Authority/DFO by order dated 19.01.2021 decided that involvement of owner in illegal transportation of fire wood was not found and accordingly, proceedings for confiscation were dropped. However, Appellate Authority cum Conservator of Forest, Rewa Division Rewa entertained an appeal in Suo Moto exercise of power, which was registered as Appeal No. 5/2021 and after giving opportunity of hearing to concerning persons, set aside order dated

19.01.2021 passed by DFO and directed for confiscation of vehicle.

3. Against the said order, petitioner preferred Criminal Revision No.93/2021 which has been dismissed by First Additional Sessions Judge, Rewa by impugned order dated 22.07.2021.

4. Challenging the order passed by the authority as well as Court below, it is submitted by counsel for petitioner that petitioner had examined the women, who had forcibly loaded the fire wood on the vehicle.

5. Heard the learned counsel for petitioner.

6. The record of proceedings has been received. It appears that when vehicle was seized, no woman was found on the vehicle. Although it is the defence of petitioner and driver of vehicle that fire wood was forcibly loaded on vehicle but it is