\ @ QQA7L ‘ HON’BLES B IN THE HmN'BLE HIGH COURT OF CHHATTI'SGARH AT BILASPUR WRIT PETITION ( c ) No. ‘4 3t Eu 2010 wQ X 2. The Principal Chief;Conservator of forest § Raipur, District Réipur, C.G. / I /3 The DIVisionai Forest Officer : (Authorized Offieer Cum Chief Wild Life Warden), Forest DiViSion Mahasamund District RaJnandgaon C G I The Station House Officer, Police Station Pithora District Mahasamund C G /4- l l i i i i l l l l i i i l i WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION E Oi: INDIA ‘ ’ @ § PETITIO IERS /1 KaVI Gardiya Shri K Gardiya E Aged about 63 S/ogate ars R/O Qr No 06 i Paradise Complex BorSIbhata, Bhilai k District Durg, C G \\ lop..... g4“ Shantiai Pradh n, S/o Shri Ishwar .w K w ...._ Pradhan, Aged about 40 years, ‘R/o ............. g ........... Jadamuda, Tehsil & Thana Basna, aw ................. ‘ ,ai «‘- w.» District Mahasamiund, C. G. l W , i VERSUS RESPONDENTs:. ‘ /1. y State of Chhattisg‘arh a l Through the Secretary, Department of Forest i D K S BUilding, Ministry, V Raipur Chhattisgarh HIGH COURT OF CHHATTISGARH : BILASPUR ; ‘ WRIT PETITION (C) NO.7314 OF 2010 @ PETITIONERS KaVI Gardlya & Another Versus RESPONDENTS Staté of Chhattisgarh & Others (Writ’ Petition under Article 226 of the Constitution of India) Single Bench Hon ble Shn Satish K Agmhotri J Present .— IShrI Alok Dewangan Advocate forthe petitioners Shrl V V S Murthy, Dy Adv General forthe State ORDER (ORAL) (Passed on this 11th day of August, 2011) Heard learned counsel for the parties. > 2. By this petition, the petitioners seek a direction to the respondent >1M authorities to release the confiscated articles ile. commander jeep bearing registration No.MP—23-GA—3200 and the imported rifles bearing Nos.8102549 & 1949073 and also pray for quashing of the h order dated 21—8-2001 (Annexure — P/1). \ 3. The facts,_ in brief, are that onv5—8-200I1 the police officers of the Police Sltation, Basna, were on patrolling duty and during the patrolling, in order to stop the vehicle Commander Jeep bearing registration No.MP—23-GA—3200, it was indicated by hands for search, but the said vehicle did not stop and ran away speedily. Anyhow: chased the vehicle and found that in the said the police vehicle two male deer were lying in dead condition and also found 12 boreiand point 2.2 cartridge, torch & search light. Thereafter, the crime was registered being crime No.160/2001 and the charges were fralmedkunder Sections 9, 39/48A, 50, 51 & 52 of the Wild Life (Protection) Act, 1972 and, under Sections 379/34 and 484 of the Indian Penal Code Subsequently the articles i e commanderieep No MP 23 GA £200 and the imported rifles bearing registration IbearingNos.8102549 & 1949073 were confiscated by order dated 21-8—2001. The petitioners also contended that in the criminal case they have been acquitted by judgment and order dated 28-1-2010 passed by the Judicial Magistrate, First Class, Pithora, District Mahasamund, in criminal case No.4/09 and in spite of the said fact, the respondent authorities are not releasing the confiscated articles. Thus, this petition. Be that as it may, without expressing any opinidn on the merits of the case, since the impugned order dated 21-8-2001 has been passed without affording proper opportunity ‘of hearing to the petitioners, which is not controverted by the learned counsel appearing for the State, the matter is remitted back with a direction to the concerned authority to consider and decideéthe case of the petitioners afresh, after affording proper opportunity of hearing and after following the due process of law, as early .as possible, preferably within a period of 8 weeks from the date of receipt of‘a copy of this order, as the incident appears to have taken place on '5—8—2001. : Accordingly, the writ petition is disposed of. ‘9;