Rajasthan High Court - Jaipur
Subrati S/O Shri Gani Khan vs State Of Rajasthan on 27 April, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 28/2021
Subrati S/o Shri Gani Khan, Aged About 57 Years, R/o
Mukundgarh Dist. Jhunjhunu Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Department Of Forest And Environment Government
Secretariat Jaipur Raj.
2. Authorized Officer And Assistant, Conservator Of Forest
Jhunjhunu
3. Appellate Authority And Chief, Conservator Of Forest,
Forest, Department Jaipur Raj.
----Respondents
For Petitioner(s) : Mr. Khurshid Ahmed Khan, Adv.
Ms. Vandana Sharma, Adv.
For Respondent(s) : Mr. Prashant Sharma, PP Mr. Ranjeet Khichar, Range Forest Officer, Jhunjhunu HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order ORDER RESERVED ON :: 25.04.2022 ORDER PRONOUNCED ON :: 27.04.2022 The petitioner has assailed impugned order dated 02.12.2020 passed by learned Additional District & Sessions Judge, No.2, Jaipur Metropolitan-I in Revision Petition No. 32/2020 whereby revision petition preferred by the petitioner was dismissed. The revision petition was preferred against the order dated 22/23.09.2020 passed by Appellate Authority-cum-Chief Conservator Forest, Jaipur who dismissed the appeal preferred by petitioner against order dated 17.08.2020 passed by Authorized (Downloaded on 28/04/2022 at 10:15:41 PM) (2 of 4) [CRLW-28/2021] Authority-cum-Assistant Conservator Forest, Jhunjhunu whereby the Authorized Authority-cum-Assistant Conservator Forest confiscated Truck bearing Registration No.RJ-18-GB-8754, used in transporting wooden coal and seized by range Forest officer along with his staff, Jhunjhunu on 27.07.2020.
Learned counsel for the petitioner submitted that the petitioner is registered owner of the Truck bearing Registration No. RJ-18-GB-8754. He submitted an application under the provisions of Rajasthan Forest Act, 1953 for release of the truck, in question, on 'Supurdginama' but instead of passing an order on interim custody of vehicle Authorized Authority-cum-Assistant Conservator Forest Jhunjhunu, passed an order dated 17.08.2020 with regard to confiscation of the truck. This order was affirmed by Appellate Authority-Cum-Chief Conservator Forest without mentioning a word about the prayer of interim custody of the petitioner. Learned Additional Sessions Judge did also not consider the matter in crux and he also passed the impugned order as if the matter before him was with regard to confiscation of the truck.
I have heard learned Public Prosecutor as well as Range Forest Officer, Jhunjhunu and gone through all the material available on record.
Under provisions of Section 53 Rajasthan Forest Act, 1953 the seized vehicle can be released on execution by the owner thereof a bond for production of the same when and where directed to produce it, whereas provisions relating to proceedings of the confiscation have been enshrined in Section 52A to C of the Act of 1953.
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(3 of 4) [CRLW-28/2021] Section 55 of the Rajasthan Forest Act, 1953 reads as follows :-
"55. Forest Produce, tools etc. when liable to confiscation.-
(1) All timber or forest produce which is not the property of State Government and in respect of which a forest offence has been committed, and all machinery, arms, tools, boats, cattle, vehicle, ropes, chains or any other article used in committing any forest offence, shall, subject to the provisions of Section 52, 52A, 52B and 52C be liable to confiscation upon conviction of the offender for such forest offence.] (2) Such confiscation may be in addition to any other punishment prescribed for such offence."
On conjoint reading of all the relevant provisions of the Rajasthan Forest Act, it is clear that the vehicle used for transportation of forest produce without valid permit can be very much seized by the concerned forest officer and the same can be confiscated as well but confiscation can be ordered only after conviction of the offender for such forest offence subject to the procedure laid down under Section 52A-C. In the instant matter, learned counsel for the petitioner has submitted at bar that trial for the alleged Forest Act has yet not been concluded and nobody has been convicted. In view of Section 55 of Rajasthan Forest Act, 1953 and the submission made before me at bar, the impugned order passed by learned Additional District and Sessions Judge, No.2, Jaipur Metropolitan-I under Section 52B, order dated 22/23.09.2020 passed by Appellate Authority-cum-Chief Conservator Forest Jaipur under Section 52A and order dated 17.08.2020 passed by Authorized Authority-cum-Assistant Conservator Forest, Jhujhunu passed under Section 52(3) are completely in contravention of the provisions of 55 of Rajasthan Forest Act,1953.
Looking to fact that trial for forest offence will take time (Downloaded on 28/04/2022 at 10:15:41 PM) (4 of 4) [CRLW-28/2021] and the truck, in question, is lying idle since 23.07.2020 and petitioner is ready to execute a bond for compliance of any condition imposed on him, it will be more in the interest of justice, that custody of the vehicle in question be handed over to the petitioner until the conviction, if any, in the trial for any forest offence.
Therefore, the criminal writ petition is allowed. The impugned order dated 02.12.2020 passed by learned Additional District and Sessions Judge, No.2, Jaipur Metropolitan-I is quashed and set aside and it is ordered that the possession of truck bearing Registration No.RJ-18-GB-8754 should be handed over to the petitioner on 'Supurdgi' on his furnishing 'Supurdginama' for the sum of 10,00,000/- with one surety for the same amount and an undertaking to produce the vehicle in question before the concerned court as and when it required. The owner shall keep the condition of the vehicle intact and shall not transfer, mortgage on alienate the vehicle or damage it and change its shape in any manner. The petitioner shall also furnish photographs of the vehicle showing its numbers, colour etc. It is made clear that in future if the vehicle is found to have been used in similar offence, the same would be liable to be seized.
Stay application also stands disposed of.
(NARENDRA SINGH DHADDHA),J Jatin /121 (Downloaded on 28/04/2022 at 10:15:41 PM) Powered by TCPDF (www.tcpdf.org)