Rajasthan High Court - Jaipur
Robra Khan vs State Of Rajasthan Through Pp on 10 July, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Writ Petition No. 376 / 2015
Robra Khan Son of Shri Jumme Khan, by Caste Mev, R/o Village
Godri Tehsil, Laxmangarh, Alwar.
----Petitioner
Versus
1. State of Rajasthan Through P.P.
2. Authorised Officer & Assistant Forest Conservator, Rajgarh,
Alwar.
3. Appellate Authority and Chief Forest Conservator, Jaipur,
Rajasthan.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. V. S. Godara, P. P. for State _____________________________________________________ HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Judgment 10/07/2017 The petitioner has assailed order dated 10.03.2015 passed by learned Additional District and Sessions Judge, No. 17 Jaipur Metropolitan, Jaipur in Revision Petition No. 36/2015 whereby revision petition preferred by the petitioner was dismissed. The revision petition was preferred against the order dated 13.02.2015 passed by Appellate Authority-cum-Chief Conservator Forest, Jaipur who dismissed the appeal preferred by petitioner against order dated 10.12.2014 passed by Authorized Authority-cum-Assistant Conservator Forest Rajgarh, Alwar whereby the Authorized Authority-cum-Assistant Conservator Forest confiscated Truck bearing Registration No. RJ 02 GA 2128, used in transporting forest produce pillars of stones and seized by (2 of 4) [CRLW-376/2015] range Forest officer, Laxmangarh on 11.09.2014.
Learned counsel for the petitioner submitted that he is registered owner of the Truck bearing Registration No. RJ 02 GA 2128. He submitted an application under Section 53 Rajasthan Forest Act, 1953 for release of the truck on 'Supurdginama' but instead of passing an order on interim custody of vehicle Authorized Authority-cum-Assistant Conservator Forest Rajgarh, Alwar passed an order dated 10.12.2004 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 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.
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, (3 of 4) [CRLW-376/2015] 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 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. 17, Jaipur Metropolitan, Jaipur under Section 52B, order dated 13.02.2015 passed by Appellate Authority-cum-Chief Conservator Forest Jaipur under Section 52A and order dated 10.12.2014 passed by Authorized Authority-cum-Assistant Conservator Forest Rajgarh 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 and the truck in question is lying idle since 10.09.2014 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 (4 of 4) [CRLW-376/2015] offence.
Therefore, the writ petition is allowed. The impugned order dated 10.03.2015 passed by learned Additional District and Sessions Judge, No. 17, Jaipur Metropolitan is quashed and set aside and it is ordered that the possession of truck bearing Registration No. RJ 02 GA 2128 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 undertaking to produce the vehicle in question before the concerned court as and when 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.
(VIJAY KUMAR VYAS),J.
Gourav/21