IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.10741 of 2004 Between: 1 State of A.P., through Forest Range Officer, Flying Squad Division, Warangal. 2 Divisional Forest Officer, Flying Squad Division, Warangal. ..... PETITIONERS AND B.Narasimha Ramulu, s/o Narayana, R/o Thogarrai Village of Duggondi Mandal, Warangal District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue any writ, order or direction more particularly one in the nature of writ of certiorari calling for the records relating to the impugned orders passed in CMA NO.74 of 2001 dated 10-03-2003 and quash the same as illegal, arbitrary and without jurisdiction Counsel for the Petitioners: GP FOR FORESTS Counsel for the Respondent: MR.A.PRABHAKAR RAO The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10741 OF 2004 ORDER: State of Andhra Pradesh and Divisional Forest Oﬃcer (DFO), Warangal, ﬁled instant writ petition impeaching judgment of learned Principal District Judge, Warangal, in C.M.A.No.74 of 2001 dated 10.3.2003 whereby and whereunder learned District allowed appeal ﬁled by respondent while reversing the order dated 15.5.2001 passed by DFO confiscating respondent’s jeep bearing No.MTG 5322. Respondent’s jeep was seized by Flying Squad party at M.G.M. Hospital, on an allegation that it was transporting teak sizes and timber, without hammer marks. A forest oﬀence being POR No.4471/179, dated 22.2.2001, under Section 29 of Andhra Pradesh Forest Act, 1967 (the Act, for brevity) and under Rules 3 and 4 of Andhra Pradesh Forest Transit Rules, 1970 (the Rules, fore brevity) was registered. The jeep seized was produced before Authorised Oﬃcer and DFO. He initiated action under Sections 44(1) and 44(2A) to 44(2E) of the Act and issued show cause notice. Respondent did not submit explanation but appeared in the enquiry. He stated before DFO that he engaged Mr.Ravi as driver and using the jeep for passenger service between Warangal and Narsampet. He also pleaded that he has no knowledge about illegal transportation of timber and the same was not informed to him by his driver. He pleaded ignorance and requested for dropping conﬁscation proceedings. DFO rejected explanation and ordered conﬁscation of respondent’s jeep. Aggrieved by the same, respondent preferred C.M.A. No.74 of 2001 before the Court of Principal District Judge, Warangal, where he was successful. Learned Government Pleader for petitioners submits that learned Principal District Judge committed an error in allowing the appeal ﬁled by respondent. She submits that the ﬁndings recorded by Authorised Oﬃcer were not considered and therefore the order is unsustainable. This Court has carefully perused order passed by DFO and judgment delivered by the Court of Principal District Judge, Warangal. Learned District Judge placed reliance on Full Bench judgment of this Court in Sub-Divisional Forest Oﬃcer, Chennur v Vijay B. Gulati [1], wherein it was held that conﬁscation of vehicle involved in illicit transportation of forest produce is not warranted if owner proved that transportation was done without his knowledge, connivance or consent. Further, as rightly observed by appellate authority, a reading of the order of DFO itself would show that when jeep was seized, respondent was not present and he entrusted the jeep to Mr.Ravi, driver, to ply it from Warangal to Narsampet. This remained uncontraverted in the enquiry and therefore conﬁscation is not warranted. In that view of the matter, judgment of learned Principal District Judge is unassailable. The writ petition is devoid of any merit and is accordingly dismissed. ______________ (V.V.S.RAO,J) November 07, 2008 YS To 1 The Forest Range Officer, Flying Squad Division, Warangal. 2 Divisional Forest Officer, Flying Squad Division, Warangal. 3 Two CCs to Government Pleader for Forests, High Court Buildings, Hyderabad. 4 Two C.D. Copies. [1] 1998(1) ALD 117