S.B. CRIMINAL MISC. PETITION NO. 527/2008 Date : 24.11.2008 HON'BLE MR. C.M. TOTLA, J. Mr. A.D. Charan for the petitioner. Mr. Ashok UPadhyaya, P.P. = = = = On 13.11.07, in vehicle No. RJ 07 G 6564 being transported green wood of English and country babool which seized and FIR for the offence of Section 41, 42 Forest Act is registered. Petitioner's application for possession of seized wood is rejected by learned Magistrate vide order dated 17.11.07 which order upheld in revision on 22.11.07. Aggrieved of the above orders is this petition and petitioner seeks release of wood in his favour. Learned counsel for the petitioner argued that the wood is green – even as per prosecution is of babool and babool of all type is exempted. Argued that as per notification of 26.09.06, eight kinds of wood including English and country babool can be transported even by mechanical means within State. Argued that as admittedly wood is of babool, no offence is committed by the petitioner and in any case, petitioner is entitled to possession of this wood. Also emphasised that no person other than petitioner is claiming this wood and it is lying un-used in open for last one year and continuing so, shall render it useless. Learned Public Prosecutor submitted that transportation of babool is not prohibited in this area but it should be ascertained that it is obtained lawfully. As per the order impugned of learned Magistrate, no person other than petitioner claims the wood. As per the forest department, Nagaur also, transportation of wood is not prohibited but from where procured is to be disclosed – petitioner could not prove his title- chargesheet finds mention that petitioner was in the vehicle when seized. The babool wood is said to be green wood and weight of which with truck was 23 tons. Considering above and the fact that the wood is lying un- used for last one year, it is directed that the wood seized may be given to petitioner but only furnishing bank guarantee of Rs. 25,000/- with supurdginama and surety of appropriate amount and other conditions, eligibility etc shall be determined by the trial Judge The misc petition is allowed accordingly. (C.M. TOTLA), J.