Shri P.S. Chandre, Forest Officer ... vs Narayan S/O Vithoba Gore
2017 Latest Caselaw 4067 Bom

                                              1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.


                    CRIMINAL WRIT PETITION NO.210 OF 2010.


   PETITIONERS:     1.  Shri P.S.Chandre,
                        Forest Officer, Motala Range,
                        Tq.Motala, Distt.Buldana.

                              2.  Range Forest Officer, Motala,
                                  Distt.Buldana.

                              3.  State of Maharashtra,
                                  through Deputy Conservator of 
                                  Forest, Buldana. 


                                            : VERSUS :


   RESPONDENT:          Narayan s/o Vithoba Gore,
                        aged 30 years, Occu: cowherd,
                        R/o Nimkhed, Tq.Motala, Distt.
                        Buldana.

   -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
   Mr.K.R.Lule, APP for the petitioners.
   None for the respondent.
   =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

                                                       CORAM:   P.N.DESHMUKH, J.

                                                       DATED:    5th JULY, 2017.

   ORAL JUDGMENT:


   1.             Rule. Rule is made returnable forthwith.     Heard finally by







   consent of learned counsel of  both the parties.

2. Challenge in this petition is to impugned judgment and order

dated 9th December, 2009 passed by learned Ad hoc Additional Sessions

Judge-2, Khamgaon, vide which appeal preferred by respondent came

to be allowed directing petitioner to return cattle of respondent, if

impounded, back to him on payment of requisite fine if imposed.

Learned Additional Public Prosecutor Shri K.R.Lule, on instructions,

makes a statement that though cattle (horses) involved in the present

petition were impounded, no fine was collected from the respondent.

This Court by order dated 17th March, 2011, while issuing Rule had

granted interim relief in terms of prayer Clause (2) of the petition in

effect, stay to effect and operation of impugned judgment dated 9 th

December, 2009.

3. Facts in brief involved in the petition can be stated as

under :-

While petitioner no.1 was patrolling in forest area at

Pimpalgaon Nath in Motala Range, Distt.Buldhana, he found two horses

and two mares, grazing in the forest area and were unattended and as it

was noted that the cattle had damaged forest produce worth

Rs.25000/-, they were seized and confiscation proceedings were

initiated under the provisions of Forest Act after registering the forest

offence. On due enquiry, award came to be passed by the competent

authority on 7th November, 1997 against which appeal was preferred

which came to be decided under the impugned order dated 9 th

December, 2009. Facts of cattle including two horses and two mares

belonging to respondent were seized by the petitioner/department, are

not disputed as they were found unattended, grazing in the forest area

and had caused damage to forest produce. From the impugned order it

is noted that at the time of hearing of appeal before the said Forum,

seizure panchanama in respect of seizure of cattle, FIR in respect of

forest offence lodged by petitioner no.1 and statements of eye witnesses

were not forming part of record as said documents were not traceable.

The Court below, in the absence of any documents, particularly

statements of witnesses alleged to be recorded during the course of

investigation by the petitioner's officers, establishing fact of respondent's

cattle grazing in the forest land and thus causing damages to forest

produce, had rightly held that there was no document to arrive to the

conclusion that respondent's cattle had entered forest area and while

grazing on forest land had caused damage to the forest produce. On

observing as aforesaid, learned Ad hoc Additional Sessions Judge, in the

absence of evidence on record, had noted that the findings of the Forest

Officer as such, cannot sustain and thereby allowed the appeal.

4. Perusal of record and proceedings reveals that there is no

spot panchanama in respect of damages to forest produce is on record,

though some cursory reference is made to that effect in seizure

panchanama of cattle wherein it is mentioned that cattle are seized as

they have caused damages to 100 to 150 plantations in the forest area.

In any event it is material to note that no spot panchanama is on record.

Similarly, though the fact finding report refers to statement of two

eyewitnesses, no such statements are also on record. Apart from above

documents, even there is no copy of notice on record issued to

respondent under the provisions of Section 61B of the Indian Forest Act,

1927. It is reiterated that above stated documents were not on record

even when appeal was considered by the lower Court as were not

traceable and thus, for want of such documents, it was rightly held that

there was nothing on record to arrive to the conclusion that the

respondent's cattle were found grazing in the forest land or had caused

damage to the forest produce. In the result, there is no substance in the

petition. Same is dismissed. Rule discharged.

JUDGE chute