Sultan Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 6203 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 18 th OF APRIL, 2023
              MISC. CRIMINAL CASE No. 30496 of 2022

BETWEEN:-
SULTAN KHAN S/O GANNI KHAN, AGED ABOUT 42
YEARS, R/O GIRWAI PAHADIYA LASHKAR GWALIOR
(MADHYA PRADESH)

                                                                .....APPLICANT
(BY SHRI BRAJESH KUMAR TYAGI - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH CHIEF
CONSERVATOR OF FOREST GWALIOR GWALIOR
DISTRICT GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENT
(BY SHRI KOUSHLENDRA SINGH TOMAR - PUBLIC PROSEUCTOR)

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

Instant petition under Section 482 of Cr.P.C has been filed by the

petitioner challenging the order dated 24.05.2022 (Annexure P-1) passed by learned VII Additional Sessions Judge, Gwalior District Gwalior in CRR No.197/2021 affirming the order dated 17.11.2021 passed by the Chief Conservator of Forest in Appeal Case No.32/2021.

In brief, facts of the case are that on 05.06.2021, the Forest Officers of Gwalior were patrolling at beat Satau. Thereafter, in Area No.RF-62 recently some person committed the offence of illegal mining. Thereafter, at a distant place they listened the sound of tractor, they chased the said tractor (HMT -

2522), the said tractor was detained, but the driver was fled away from the spot and there was no no. plate was present on the aforesaid tractor. Thereafter, the tractor-trolley was seized. In that tractor-trolley 03 ghan metre stone was found. The said tractor-trolley was seized under Section s 26 and 41 of Indian Forest Act, 1927. Thereafter, confiscation proceedings were drawn. An intimation was sent under Section 52(4)(ka) to the concerned Magistrate. Matter was inquired and show cause notice was issued to the petitioner. Statements were recorded, thereafter, SDO of Forest is of the opinion that Forest Act is not attracted and transferred the matter to Mines and Mineral Department. Appellate authority Conservator of Forest took suo-moto in the matter and

came to the conclusion that vide its order dated 17.11.2021, that matter comes in the category of Forest Act and set-aside the order of SDO of Forest and directed the aforesaid tractor be confiscated against which he filed a revision which was dismissed by the Court below.

Learned counsel for the petitioner submits that the property seized cannot be kept till the conclusion of the trial because it is causing financial loss to the applicant. It is further argued that the appellate authority taking suo-moto cognizance and passed an order without proper jurisdiction. The driver was also having the royalty receipt, the aforesaid stone was not carrying in the forest area. The offence under Section 26/41 of Indian Forest Act, 1927 have not been made out because the aforesaid stone was not matched in the forest area and the tractor was not seized from the forest area. There is no provision in the Forest Act for passing the order by the appellate authority for taking suo-moto cognizance. Learned counsel for the appellant has relied upon the judgment passed by co-ordinate Bench of this Court in the case of Vishwanath Singh

Vs. State of M.P. and others in 2018 (3) M.P.L.J.

Learned Government Advocate vehemently opposed the prayer and prays for its dismissal.

Heard learned counsel for the rival parties.

On going through the orders passed by the Courts below, this Court does not find any illegality or perversity in the impugned orders calling for any interference and the same is hereby affirmed. Accordingly, this petition is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay VIJAY TRIPATHI 2023.04.2 0 10:43:58

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