1. Invoking the jurisdiction under Art.226/227 Constitution of India, seeking writ in the nature of certiorari to quash the order dated 03/12/2006 passed in Criminal Revision No.172/2005 and to quash the proceedings of the confiscation of the Bus bearing No. CPV / 549 and its auction, this petition has been preferred.

2. The facts which are not in dispute that the bus bearing No.CPV / 549 was owned and registered in the name of Shri Krishn Pal Singh (petitioner), was plied under the valid permit vide Annexure P - 2. Petitioner has given it on rent, executing an agreement with the driver and conductor to ply the said bus on the route as specified in permit. It is not in dispute that at the check post Hinothi on 19/12/2004 at about 9.00 AM the said bus was intercepted by forest officials and, as alleged, on the roof top of the bus 4 bags of “Kullu Gonda” were found loaded. One of the co - accused Sapan Jain owe the liability of the said forest produce, however the offence under S.5(a), S.15(2) of the Madhya Pradesh Vanoupaj Vyapar Viniyam Adhiniyam, 1969, (hereinafter referred to as Vanoupaj Adhiniyam) read with S.41 of the Indian Forest Act , 1927 and S.39(d) of the Wild Life Protec