p> :i ^ HIGH COURT OF CHHATTISGARH. BILASPUR WritPetition (0 No.2200 of 2009 PETIT10NER: State of Chhattisgarh, Through the Conservator of Foresjt, Kanker Circle, District North Bastar (K^nker) (C.G.) Versus Ashok Kumar Kaiwartha S/o S.N. Kaiwartha, aged about 34 years, R/o Village Koragaon, P.S. Vishrampuri, Tahsil Keshkal District North Bastar (Kanker) (C.G.) {Writ petition under Article 226/227 of the Constitution of India} RESPONDENT: Present: Mr. Sushil Dubey, Govt. Advocate for the State/petitioner. Mr. Parag Kotecha, counsel forthe respondent. SingleBenchLHQn'bleJVIr.T.P^Sharma^J ORDER (28-9-2011) 1. By this petition, the State/petitioner has challenged legality and propriety of the order dated 15-9-2008 passed by the Additional Sessions Judge, North Bastar Kanker in Criminal Revision No.4/2008 whereby the Court below has quashed the order passed by fhe authorized officer, dated 21- 11-2007 in Forest Criminal Case No.404/18 and that of the appellate authority dated 10-3-2008 for confiscation of Commander Jeep No.CG- 17/T-0242, on the ground that the respondent herein has proved the fact that the alleged forest offence has been committed without his knowledge or silence. 2. I have heard learned counsel for the parties, perused the order impugned and copies of other orders. 3. The order impugned clearly reveals that the statements of the witnesses examined by the competent authority are sufficient to establish the fact that the respondent herein - owneT of the vehicle, was noY having knowledge of the commission of forest offence or that the offence has not been committed in silence of the respondent. In these circumstances, the property is not liable for confiscation under Section 52 (3) & (5) ofthe Indian ForestAct, 1927. l\j :-^. -iv Soma 4. On due consideration, 1 do not find any disagreement with the finding of the Additional Sessions Judge or any illegality in the order impugned. Consequently, the petition is liable to be dismissed and it is hereby dismissed. No order as to costs. -—-—" Sd/- . T.P. Sharma Judge •.-Jt;>