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2024 Supreme(Online)(MP) 29007

HIGH COURT OF MADHYA PRADESH
VISHAL DHAGAT
Savailal Shah – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Rajesh Prasad Dubey,Advocate General

ORDER

Petitioner has filed this petitioner under Section 482 of the Code of Criminal Procedure challenging order dated 27.11.2018 (Annexure-A/2) by which vehicle i.e. Tractor bearing No. MP-66-A-2476 was confiscated by Forest Officials.

2. Learned counsel appearing for the petitioner submitted that trees standing in field of one Ramlallu was touching transmission lines of Power Grid Corporation, therefore, said trees were fell by owner and later on, same was sold to one Kamlesh Sharma. Kamlesh Sharma was transporting said trees in tractor belonging to petitioner and during search, it was seized by police and later on confiscated by Forest Department. It is submitted that applicant has not cut any trees from reserved forest area. There are violation of transit rules for transportation of trees but no forest offence has been committed by the petitioner. Petitioner is ready to compound the offence committed by him and same is compoundable in nature as per Section 68 of the Indian Forest Act,

1927. In view of same, confiscated tractor belonging to petitioner may be released.

3. Learned Government Advocate appearing for the State opposed the petition and submitted that forest offences

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