Karnataka High Court
Shri Bopal vs The Authorised Officer on 2 June, 2010
Author: Jawad Rahim
Bench: Jawad Rahim
IN THE HIGH COURT OF KARNATAKA os
CIRCUIT BENCH AT DHARWAD. a
DATED THIS THE 2"¢ DAY. OF JUNE, 20 10
BEFORE
THE HON'BLE MR. JUSTICE JAWAD RAKIM
CRIMINAL REVISION PETITION No. 2044/ 2008
BETWEEN:
SHRI BOPAL, 5/O LAXMAN DOIPHCDE |
AGE:57 YEARS - , ;
R/O PETHBAGE!..LAMBAW ADI,
H NO 1280, SANGAL A
.. PETITIONER
{By Sri. A @ WAJAPE, ADV, }
AND: |
1. THE AUTHORISED CFFICER
AND DEPUTY CGNSERVATOR OF FORESTS,
DHARWAD DIVISION,
2. THE STATE OF KARNATAKA
. REPT D BY THE STATE PUBLIC PROSECUTOR
.. RESPONDENTS
" CRL-RP FILED U/S. 397 R/W. SEC. 401 OF CR.P.C a BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT _TEIS HON'BLE COURT MAY BE PLEASED TO CALL FOR : THE &NTIRE RECORDS IN FOP/ FOC/ MCU-1441/ 92-93 ON THE FILE OF THE LEARNED A.O. AND DEPUTY a CONSERVATOR OF FORESTS, DHARWAD DIVISION, DHARWAD AND TO EXAMINE THE LEGALITY OF THE SAME AND ETC.
ie ok, 4 pe if bo THIS REVISION PETITION COMING ON. FOR. ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: pr This petition is under Section 397 Cx.P.C directed against the judgment 'in Crl.A.No.158/2007 on the file of the Principal Sessions: Judge; Dharwad passed in exercise of power under Section 71-A of the Karnataka Forest Act.
2. Perused the records.
: 3. The petitioner claiming to be the owner of lorry : bearing - registration No.MCU 1441, seized during investigation -- relating to commission of offences punishable under the provisions of Karnataka Forest ae Act, applied for release. The request by him was rejected by the Authorised Officer against which he was 7 In appeal before the learned Principal Sessions Judge, Lo) Dharwad under the provisions of Section 71D ef the Act. Since the appeal also failed, this revision is filed. .
4. The maintainability of the revision against such | orders has long been decided by this Court Tt is no more in dispute that orders. passed 4 under Section 71-D of the Karnataka F orest Act in 'en "appeal against confiscation is" to be considered as S an order final and shall not be. cues stioned i in: any "Court of law. 5 inne ut Shen of etn 7-0 ot Karnataka F orest Act, "giving finality to the order of the learned Sessions v Judge in appeal under Section 71D of "the 'Ach 'no revision under Section 397 is maintainable.
"This petition is therefore not maintainable. Hence it is rejected. 'The petitioner may resort to such relief as May ~~ be available i in law.
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