http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

PETITIONER: ASSISTANT FOREST CONSERVATOR & ORS.

       Vs.

RESPONDENT: SHARAD RAMCHANDRA KALE

DATE OF JUDGMENT:       27/11/1997

BENCH: G.T. NANAVATI, V.N. KHARE

ACT:

HEADNOTE:

JUDGMENT:                THE 27TH DAY OF NOVEMBER, 1997 Present:                 Hon’ble Mr.Justice G.T.Nanavati                 Hon’ble Mr.Justice V.N.Khare D.M.Nargolkar and S.M.Jadhav, Advs. for the appellants V.A.Bobde,  Sr.Adv.,   Mrs.Alamjit  S.Nand.,   S.  Mudaliar, Alamjit Chauhan, Advs. with him for the Respondent                       J U D G M E N T      The following Judgment of the Court was delivered:      This appeal  is filed against the judgment and order of the Bombay High Court is Writ Petition No. 104 of 1988.      The  truck   of  the   respondent  was  ordered  to  be confiscated by  the Assistant  Conservator of  Forest, as it was found  involved in  commission of  a forest offence. The order was  confirmed by  the Conservator  of Forest. Against this order,  the  respondent  preferred  an  appeal  to  the Session Court but it was dismissed. Therefore, he approached the High  Court with  a petition  under Article  227 of  the Constitution.  The   High  Court  set  aside  the  order  of confiscation on  the ground  that the authorities had failed to establish  that the  owner of the truck had any knowledge that his  truck was  likely to  be used  for carrying forest produce in contravention of the provision of the Forest Act. This finding  was based  upon the  evidence on  the  record. Therefore, we  do not consider it proper interfere with such finding.      We, therefore, dismiss this appeal.