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CR.MA/3103/1994 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3103 of 1994
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RANGE
FOREST OFFICER & 1 - Applicant(s)
Versus
SIDDIQUI
AHMED HUSAIN DAL - Respondent(s)
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Appearance :
MR
U A TRIVEDI, ADDL PUBLIC PROSECUTOR
for Applicant(s) : 1 -
2.
MR MM TIRMIZI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 15/03/2010
ORAL
ORDER
By
this application, the applicant-Range Forest Officer, Jambughoda,
Dist: Panchmahals and another, seek modification of the order passed
in Special Criminal Application No.1507 of 1992 so that the
respondent can handover the possession of truck bearing Registration
No.GTB 5037 to the applicants.
2. Vide
order dated 16.09.1992 made in Special Criminal Application No.1507
of 1992, this Court had permitted the applicants herein to entrust
the custody of the truck bearing Registration No.GTB 5037 to the
respondent herein on his executing a bond in the sum of Rs.75,000/-
before the applicant No.2 herein as also on his filing undertaking
for complying with the conditions imposed by this Court within
fifteen days from the date of the order, subject to certain
conditions.
3. It
is the case of the applicants in the present application that
pursuant to the aforesaid order the applicants had given custody of
the truck to the respondent herein and confiscation proceedings were
continued by the competent authority under the Indian Forest Act and
were concluded on 04.09.1993 whereby it was ordered that truck
bearing Registration No.GTB 5037 be confiscated. According to the
applicants, the respondent herein has committed breach of several
conditions imposed by the aforesaid order and as such the said
conditions are required to be deleted. It is in these circumstances
that the applicants have moved the present application seeking the
relief noted herein above.
4. In
the light of the controversy involved in this application it may be
pertinent to refer to condition No.3 in the order dated 16.09.1992,
which reads thus:
3. The
petitioner will not raise any dispute and he will surrender the truck
to the Respondent no.2 if the final order is passed in favour of the
State and respondent would be entitled to proceed further in
accordance with law.
5. On
a plain reading of condition No.3, it is apparent that the same
provides that the respondent would not raise any dispute and that he
would surrender the truck to the applicant No.2 if the final order is
passed in favour of State. In the order dated 16.09.1992 itself the
applicants were given liberty to proceed further in accordance with
law in case the final order was passed in favour of State. In the
circumstances in the opinion of this Court, the application is
misconceived, inasmuch as, the applicants could have taken
appropriate action in case of breach of conditions. Deletion of
conditions as prayed for would on the contrary weaker the case of the
applicants and strengthen the case of the respondent. Insofar as the
order of confiscation is concerned, on a plain reading of the order
dated 16.06.1992 it is apparent that liberty was granted by the Court
to the applicants to proceed further in accordance with law. Hence,
there was no impediment in the way of applicants in proceeding
further pursuant to the order of confiscation.
6. In
view of the above discussion, no case is made out for grant of any of
the reliefs prayed for. The application being devoid of any merit
and is, accordingly, rejected.
(H.N.DEVANI,
J.)
sompura
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