Writ petition by State challenging Sessions Judge's order setting aside confiscation of a truck. Court held owner not liable as wood loaded without her knowledge while truck was used for lawful stone transport.
Writ petition is without substance and is hereby dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order reserved on 13/08/2018 Order delivered on 08/10/2018
WP227 No. 2847 of 2008
---- Petitioners
Versus
Smt. Bharti Jain W/o Shri Santosh Jain, Aged abourt 45 years, R/o. Main Road, Jagdalpur, District. Bastar, C.G.
---- Respondent
For Petitioners : Shri Dilman Rati Minj, Dy. GA. For Respondent : Shri Keshav Dewangan, Advocate.
Hon'ble Shri Justice Parth Prateem Sahu CAV Order
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papers or permits with them. After recording of the statement of truck driver Santosh Kumar Jaiswal and Ghasiram that they are not having papers for transportation of fire wood, forest offence POR. No. 607/23 dated on 17.01.2007 was registered and alongwith forest produce transporting vehicle truck bearing No. C. G. 17 -ZC – 0266 was also seized. Initially the statements of Santosh Kumar Jaiswal, Ghasiram, Sampatti, Mahipal and V.P. Shastri (Forest Guard) were recorded on 17.01.2007 and, thereafter, the intimation was sent to the owner of the truck by the Range Officer, Geedam on 04.02.2007. The Prescribed Authority sent intimation to the Magistrate about confiscation proceedings of the vehicle (truck) and, thereafter, the confiscation proceedings was initiated. For the proceedings of confiscation show-cause notices were issued to the respondent. Statements of the parties including the respondent herein were recorded on 20.03.2007 and statement of other witnesses were also recorded.
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statement given by the parties it is clear that all of them have categorically stated that the truck in question bearing No.C.G. 17 -ZC – 0266 while returning from crusher driven by Santosh Kumar Jaiswal was requested to transport the wood from agricultural field to the house by Ghasiram and when the truck was standing near house of Ghasiram at Kotapara, Gumda for its unloading, Forest Officials intercepted and started proceedings. Statements have been recorded on 08.03.2007. Statement of truck driver shows that when he reached near Village- Gumda after unloading the stone ballast near railway line one Ghasiram asked him to transport the forest wood from agricultural field to the house of one Sampatti, and on his request, driver Santosh Kumar Jaiswal permitted Ghasiram and Mahipal to load the Fire wood. Statement of Ghasiram further shows that he has no means of conveyance for transportation of forest wood, he stopped the truck coming from the side of railway line after unloading the stone ballast and requested him to transport his fire wood.
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Sd /-
(Parth Prateem Sahu)
Judge
Jamal
1 issue framed by the court
Whether a vehicle can be confiscated under Section 52A(3) of the Indian Forest Act, 1927 when the owner proves lack of knowledge regarding the illegal activity of the driver.
1 provisions across 1 enactments
State Of Chhattisgarh
Smt. Bharti Jain
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
