THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 565 of 2008 ORDER: 1. This Civil Revision Petition is filed challenging the judgment dated 03.04.2002 in Civil Miscellaneous Appeal No.7 of 2000 on the file of the II Additional District Judge, Adilabad, whereunder and whereby the order of confiscation of the lorry bearing registration no.AP36T/1188 passed by the Sub-Divisional Forest Officer, Khanapur and Authorised Officer, is set aside. 2. Heard both sides. 3. A specific plea has been taken before the primary authority that while timber was being transported in the lorry illegally, forest officials intercepted the vehicle and the driver and other inmates of the vehicle jumped from the lorry and ran away. Strangely, the appellate court has taken a different view that there is no evidence to show that with the connivance of the owner, the timber was being transported in the lorry. The relevant material produced by the department has not been considered by the appellate court in a right perspective. Therefore, all the material aspects viz. whether the respondent herein is the owner-cum-driver or only driver of the vehicle and was transporting the timber, or not, at the relevant point of time of the incident, have not been considered by the Appellate Court in deciding the appeal. Hence, the impugned judgment of the appellate court is set aside, and the matter is remanded to the appellate court to decide the appeal afresh in accordance with law duly taking note of the fact whether the respondent herein is the owner-cum- driver of the vehicle at the relevant point of time of the incident or not. 4. The Civil Revision Petition is, accordingly, allowed. No costs. --------------------- (K.C.Bhanu, J.) 1.2.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 565 of 2008 1.2.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 565 of 2008 1.2.2011 Between: State of A.P. through the Forest Range Officer, Kadam …Petitioner And M.Mohan …Respondent