1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.89/1996. 1) Ugamchand Amarchand Kocheta Age:Major, occu. Trade, r/o Hatte Nagar, Latur. 2) Vaijanathappa Marutiappa Age: 85 Yrs., occu. Trade r/o Hatte Nagar, Latur. .. PETITIONERS VERSUS 1) Shri R.S.Davalwar Forest Officer and Asstt. Forest Ranger, Kinwat, District Nanded. 2) State of Maharashtra. .. RESPONDENTS ***** Mr.G.V.Wani, Advocate(Appointed) for Petitioners; Respondent No.1 duly served. Mr.D.R.Korde, APP for Respondent No.2/State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 26th August, 2009. ORAL JUDGMENT : 1) Heard learned Counsel for the petitioners. He informs, petitioner no.2 – Vaijanathappa Marutiappa is no more, expired due to ill-health. 2 2) Petitioner no.;1 had in fact sold the vehicle to petitioner no.2, who is no more. In view of this position, the challenge to the order dated 17.11.1995 and 16.1.1996 recorded by 2nd Additional Sessions Judge, Nanded in Criminal Application No.96/1995 would become infructuous. 3) It was the petitioner no.1, who had agreed to sell the vehicle, a tempo of his ownership, to petitioner no.2. The amount was agreed to be received. The vehicle was taken by the driver and that the vehicle got involved in transporting forest wood which was unauthorized, inviting infraction of Indian Forest Act, 1927. The Forest Officer from Kinwat took the action of seizing the vehicle. The Officer concerned had recorded statements of the driver and petitioner no.2 (now dead), who in turn, disclosed the true position to the Forest Officer. The Forest Officer found about the involvement of the driver in transporting the forest wood and the vehicle was taken charge. The order of confiscation was taken to the Court of learned Additional Sessions 3 Judge, Nanded, by way of Criminal Appeal No. 96/1995 and the learned 2nd Additional Sessions Judge, Nanded, by judgment and order dated 16th January, 1996 dismissed the said criminal appeal. I do not see any infirmity in the order of confiscation recorded by the authorities and confirmed by the learned Additional Sessions Judge, Nanded. Writ Petition lacks merit, it is dismissed. Rule discharged. Interim reliefs vacated. ( K.U.CHANDIWAL ) JUDGE bdv/crwp89.96