Balaprasad Shivhare vs The State Of Madhya Pradesh
2022 Latest Caselaw 16939 MP

                                 1
 IN       THE    HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                  ON THE 20 th OF DECEMBER, 2022
          MISCELLANEOUS CRIMINAL CASE No. 20685 of 2021

BETWEEN:-
BALAPRASAD SHIVHARE S/O SHRI DHANIRAM
SHIVHARE, OCCUPATION: BUSINESS, R/O HATHNAURA,
PS GIJORRA, DISTRICT GWALIOR (MADHYA PRADESH)

                                                             .....APPLICANT
(BY SHRI YASH SHARMA-ADVOCATE)

AND
1.    STATE OF MADHYA PRADESH THROUGH ITS
      FOREST CONSERVATOR, GWALIOR DIVISION,
      GWALIOR

2.    STATE OF MADHYA PRADESH THROUGH ITS
      FOREST OFFICER BEHAT, DIVISION GWALIOR

                                                          .....RESPONDENTS
(MS. KALPANA PARMAR-PANEL LAWYER FOR STATE)

      This application coming on for admission this day, the court passed the
following:
                                  ORDER

This application under Section 482 of Cr.P.C has been filed against the order dated 10.02.2021 passed by the Special Judge, Atrocities, Gwalior in Cr.R. No.157/2020, by which the order dated 30.10.2019 passed by the competent authority in POR No.4851/2012 and order dated 31.07.2020 passed by the Appellate Authority in Appeal No.28/2019, by which the order of confiscation of tractor bearing registration number MP07-AA-4274 has been upheld.

It is the case of prosecution that forest official noticed that one tractor bearing registration No.MP07-AA-4274 was illegally transporting the illegally excavated one square meter of sand and accordingly tractor was seized, panchnama was prepared and POR No.4851/2012 was registered. A notice was issued to the applicant to show cause as to why the tractor in question be not confiscated. Thereafter, the competent authority by order dated 30.10.2019 directed for confiscation of tractor and the appeal was also dismissed by order dated 31.07.2020. Against the order passed by the appellate authority, the applicant preferred a criminal revision which was dismissed by Special Judge (Atrocities Act), Gwalior by order dated 10.02.2021.

Challenging the order passed by the authorities as well as the court below, it is submitted by counsel for applicant that since the tractor was seized from the revenue area, therefore, it cannot be said that the tractor was illegally carrying sand illegally excavated from forest area. He further submitted that in fact, the applicant was transporting the sand in the tractor for his personal use.

Heard learned counsel for the applicant.

Two authorities and the revisional Court have given the concurrent findings of facts with regard to recovery of illegally excavated sand. Merely because tractor was seized from a revenue area would not mean that the sand was not illegally excavated from forest area. The applicant has not filed any document to show that any royalty was paid or he was having any mining lease. Since the authorities and the Court below have given a specific concurrent findings of facts with regard to illegal transportation of illegally excavated sand and in the light of judgment passed by the Supreme Court in the case of Jayant vs. State of M.P. reported in (2021) 2 SCC 670, in which the adverse effect of illegal mining on the ecological balance of the area has been considered, this

Court is of the considered opinion that no case is made out warranting interference.

Accordingly, the application fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2022.12.21 10:45:21 +05'30'