[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.1910 OF 2008 Mr.Jilani Nasiruddin Gore ..Petitioner Vs. State of Maharashtra ..Respondents ... Mr. Mubin Solkar advocate for Petitioner Mr. Y.M.Nakhwa A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 15, 2008 DATE : OCTOBER 15, 2008 DATE : OCTOBER 15, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned A.P.P. for the State. 2. The truck of the petitioner came to be seized as according to the prosecution, it was involved in forest offence of transporting forest produce. 3. The learned advocate for the petitioner states that provisions of Section 61(A) of the Indian Forest Act have not been complied with before confiscation of the vehicle and hence, confiscation of the vehicle i.e. truck bearing No.MWU-7211 is bad in law, hence, confiscation deserves to be set aside. 4. The learned advocate for the petitioner [-2-] submitted that in the present case, no notice in writing was given to the petitioner who is the owner of the vehicle. 5. This ground has not been considered by the learned Sessions Judge while deciding the appeal against the order of confiscation. The learned advocate for the petitioner has further stated that the authorised officer has not recorded satisfaction that it was expedient in public interest to order sale of the vehicle by public auction as required under Section 61(A)(G)(a) of Indian Forest Act. 6. In this view of the matter, the order dated 22.7.2008 passed by the learned Sessions Judge whereby Criminal Appeal No. 64 of 2008 came to be dismissed, is set aside. The learned Sessions Judge to hear the appeal afresh and also consider the ground that no notice was issued to the petitioner and whether it was expedient in public interest to order sale of the vehicle by public auction. The said appeal be heard afresh and be disposed of on or before 27.11.2008. 7. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]