NEW DELHI: A court here has set aside an order of Mandi Forest Conservator to confiscate a police truck which was allegedly smuggling Deodar timber scants and ordered that the vehicle be released.
Additional Sessions Judge Mandi Madan Kumar while allowing a criminal appeal filed by Superintendent of Mandi has set aside the order of confiscation of police truck by Conservator Mandi (registered in the name of SP) and ordered the release of the vehicle.
The truck was intercepted by volunteers of Village Forest Development Society, Samnosh while allegedly smuggling 500 Deodar timber scants in 2002.
The court, however, ordered to confiscate the 50 scants of Deodar.
According to fact of the case, on May 6, 2002, at about 9.30 PM, the volunteers of Village Forest Development Society Samnosh, headed by its President Mast Ram, organised a Naka near Bani Seri Nala by blocking the road with boulders and intercepted a police truck which was allegedly found to be loaded with 50 timber scants of Deodar.
When the vehicle was stopped, SHO Gohar Lal Chand, along with other police officials, BDC member Devi Ram and Tara Chand came down from vehicle and tried to remove the blockade but the local residents did not allow.
Later, a case was registered against the police officials and others pertaining to smuggling of timbers May 7, 2002.
When proceedings pertaining to confiscation of vehicle were started before Authorised officer-cum-Divisional Forest Officer of Nachan, it ordered to confiscate the truck along with 50 Deodar timber scants.
SP Mandi filed revision petition before Conservator of Forest Mandi which was dismissed in 2009, after which he filed an appeal before court of Additional Sessions Judge challenging the order of confiscation of vehicle.
While deciding the appeal, the court held that the DFO Nachan has not given any finding on fact that vehicle was being used for commission of crime with the prior knowledge of registration certificate holder, that is, SP Mandi.
The court further held that the Conservator of Forest Mandi has not appreciated the matter in right perspective.
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