Heeralal vs State Of Rajasthan ...
2023 Latest Caselaw 4230 Raj

[2023/RJJD/013959]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 20/2023

Heeralal S/o Shri Taru Ram, Aged About 37 Years, R/o Kolasa West Ps Bajju Dist. Bikaner.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Astt. Conservator Of Forest, Bikampur Dist. Bikaner

3. Divisional Chief Forest Conservator, Bikaner

----Respondents

For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. N.S. Bhati Mr. D.S. Jasol, for respondents No.2 &

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

08/05/2023

The present criminal writ petition has been filed by the

petitioner against the order dated 18.11.2022 passed by the

Divisional Forest Conservator, Bikaner, who dismissed the

application of the petitioner and affirmed the judgment dated

07.09.2021 passed by the learned Gram Nyayalaya, Kolayat,

District Bikaner, by which the learned Gram Nyayalaya has

convicted the petitioner for offence under Sections 41 & 42 of

Rajasthan Forest Act, 1953.

Learned counsel for the petitioner submits that the vehicle of

the petitioner was seized by the competent authority in the year

2014 and thereafter he preferred an appeal, which was decided by

the Divisional Chief Forest Conservator, Bikaner vide order dated

[2023/RJJD/013959] (2 of 2) [CRLW-20/2023]

18.11.2022 but the vehicle has not been released and the

condition of the vehicle is deteriorating day by day. Therefore, the

vehicle in question may kindly be released in favour of the

petitioner.

Per contra learned counsel Mr. D.S. Jasol submits that the

Divisional Chief Forest Conservator, Bikaner has rightly passed the

order dated 18.11.2022 and the vehicle has also rightly been

confiscated by the competent authority. In support of his

arguments, he has placed reliance on a decision of Adhikshak

Rashtriya Chambal Abhyaran Vs. Narottam Singh decided by

the Hon'ble Supreme Court on 26.03.2019, in which it is

mentioned that if the vehicle has been confiscated and the

accused has pleaded guilty, then there was no question to release

the vehicle in favour of the accused.

I have considered the arguments advanced before me and

carefully gone through the material available on record.

Hon'ble Apex Court in the case of Adhikshak Rashtriya

Chambal Abhyaran Vs. Narottam Singh (supra), in which it is

clearly mentioned that when the vehicle was confiscated and the

accused pleaded guilty then there was no question to release the

vehicle in favour of the accused. Therefore, no case of grant of

criminal writ is made out. Hence, the present criminal writ petition

is dismissed.

Stay petition is also decided accordingly.

(MANOJ KUMAR GARG),J 84-Ishan/-

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