Court No. - 45
Case :- APPLICATION U/S 482 No. - 20135 of 2018 Applicant :- Afsar Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Kumar Shukla,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed praying for quashing of the order dated 16.8.2017 passed by the Additional C.J.M. Sonebhadra in case no. 2620 of 2017 (State Vs. Imaran Khan) under section 379/411 I.P.C. and Section 5/26, 41/42 Forest Act P.S. Manchi District Sonbhadra and impugned order dated 21.4.2018 passed by the Additional District Judge, FTC, Sonbhadra in criminal revision no.
57 of 2017 (Afsar Khan Vs. State of U.P.) arising out of case crime no. 13 of 2017 under section 379/411 I.P.C. and 5/26, 41/42 Forest Act P.S. Manchi District Sonbhadra.
Learned counsel for the applicant has submitted that the court below has rejected his application for release of his vehicle on the grounds that applicant was unable to show the documents regarding goods being carried in vehicle and also regarding his ownership of vehicle U.P. - 70-AT 6197.
The second ground for rejection of his application is that the authority to confiscate the property regarding an offence related to the forest produce is the authorised officer of said Forest Department, who cannot be below the post of Divisional Forest Officer.
Trial court has recorded its finding that it has no jurisdiction and authority to release vehicle in dispute under section 52D. The Revisional court has also dismissed the revision of applicant on the same grounds.
Learned A.G.A. has submitted that order of court below are absolutely in accordance with law and applicant should have approached the authortised Officer under Forest Act for this purpose.
A perusal of section 52 B of Forest Act 1997 provides that no vehicle shall be confiscated without issuing notice in writing to the owner of the same. If such an order is passed against registered owner of vehicle he has opportunity of preferring appeal before the appellate court under section 52 clause B sub-Clause 3 of the Forest Act.
In view of the above legal position, the orders dated 16.8.2017 passed by the Additional C.J.M. Sonebhadra and order dated 21.4.2018 passed by the Additional District Judge, FTC, Sonbhadra are hereby set aside. Applicant is directed to approach the authorised officer under Forest Act for release of his vehicle within a period of four weeks from today. The authorized officer is directed to pass appropriate order on application of the applicant within period of three weeks thereafter in accordance with law.
This application is disposed of.
Order Date :- 28.11.2018 Atul kr. sri.