Assistant Forest Conservator & Ors Vs. Sharad Ramchandra Kale  INSC
874 (27 November 1997)
NANAVATI, V.N. KHARE
27TH DAY OF NOVEMBER, 1997 Present:
Mr.Justice G.T.Nanavati Hon'ble Mr.Justice V.N.Khare D.M.Nargolkar and S.M.Jadhav,
Advs. for the appellants V.A.Bobde, Sr.Adv., Mrs.Alamjit S.Nand., S. Mudaliar, Alamjit
Chauhan, Advs. with him for the Respondent
following Judgment of the Court was delivered:
appeal is filed against the judgment and order of the Bombay High Court is Writ
Petition No. 104 of 1988.
truck of the respondent was ordered to be confiscated by the Assistant
Conservator of Forest, as it was found involved in commission of a forest
offence. The order was confirmed by the Conservator of Forest. Against this
order, the respondent preferred an appeal to the Session Court but it was
dismissed. Therefore, he approached the High Court with a petition under
Article 227 of the Constitution. The High Court set aside the order of
confiscation on the ground that the authorities had failed to establish that
the owner of the truck had any knowledge that his truck was likely to be used
for carrying forest produce in contravention of the provision of the Forest
finding was based upon the evidence on the record.
we do not consider it proper interfere with such finding.
therefore, dismiss this appeal.