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The State of Maharashtra and Another Vs. Naim EmmamuddIn Chikhalekar

Court : Mumbai

Reported in : 1999(5)BomCR109

..... 650337 dated 7-9-1996 which was obtained from the forest officer, and there after the vehicle was carrying the kita to one serekar, the contractor. ..... nullify his defence because it is clear from those admissions that he had given his truck for transportation of forest produce to fakir chikhalekar and he knew that the forest produce was being transported under the same forest pass issued on 7-9-1996. ..... facts that are brought on record by the prosecution in this case, it has to be concluded at this stage that this is not a case of simple delay of few hours in using the forest pass, but this is a prima facie case of theft of the forest produce and illegal attempt to transport it. ..... even if the case of the forest department is accepted as it is, neither the driver of the truck, nor the owner, could be attributed the knowledge of the fact that the wood that was found in the truck was the forest produce, and that the forest pass, that was issued, was in respect of some forest produce. mr. ..... further it was contended by him that the forest pass was issued in the name of fakir mohamad chikhalekar and even though the specific time was mentioned in the pass there were difficulties in the movements of the truck on account of heavy rains, and ..... the state is well protected and no prejudice is likely to be caused to the state, particularly in view of the affidavit and undertaking given by the owner name that he would not use the truck for commission of similar offence or any other illegal purposes. .....

Laxman Kisan Mundhe and Others Vs. the Conservator of Forest, Thane an ...

Court : Mumbai

Reported in : 1999(5)BomCR849; 1999CriLJ553

..... when it is asserted by the petitioner that he had no involvement in the commission of the offence, for the purpose of attributing knowledge of the offence, there must be cogent and sufficient material to come to the conclusion that the offence has been committed with the knowledge of the petitioner. ..... on 9-4-1991 he came to know that his truck was detained by the forest officer in connection with some offence allegedly committed by his driver. ..... the confiscation authority though found that there is no direct involvement of the commission of the offence by the petitioner, the authority infers that the offences have been committed with the knowledge of the petitioner. ..... the circumstances that has been stated for inferring the knowledge is that he has employed the driver before 8 days of the commission of the offence and in that circumstances the knowledge was attributed to the petitioner. ..... 2 the sub divisional forest officer, mandvi, in case no ..... the circumstances that the driver is employed only 8 daysbefore the commission of the offence, at any rate, cannot attribute the knowledge of the owner to the commission of the offence. ..... 1, the conservator of forest, thane circle, thane, copy at exhibit 'h' or such of them that this honourable court deem null and void be quashed and set aside ..... , the confiscation proceedings has been taken under section 61 of the indian forest act. ..... truck was proceeding from parol to shivsad it was inspected at mandvi check naka, and found carrying forest property i.e. .....

State of Maharashtra Vs. Bhaurao Daulat Yedama and Others

Court : Mumbai Nagpur

..... 1547 of 1997 whereby the respondents/accused were acquitted of the offences punishable under section 26 (i) (d),(f), (g) of the indian forest act, 1927 read with rules 3, 17, 23 and 25 of the bombay transit of forest produce (vidarbha region, saurashtra and kutch areas) rules 1960. 2 ..... learned counsel for the appellant made an attempt to convince me that the statement, confessional in nature from the accused to the forest officer, not being the police officer ought to have been accepted as acceptable and reliable evidence to nail the accused in this case ..... the trial court rightly granted benefit of doubt to the respondents and under the above circumstances, recorded the order of acquittal, as no offences, as alleged, were proved against the accused beyond reasonable doubts. 6. ..... there has to be an admission of all substantial facts constituting the offence, not affected by any threat, inducement, promise etc. ..... he stated regarding having received information from the forest guard godane, with whom and the round officer, he went to tandulwani village ..... it is argued that the presumption under section 69 of the indian forest act, 1927 was not rebutted by the accused. ..... panchas were employees of the forest department and were interested witnesses. ..... sukhdeo (pw2) and the range forest officer supported the testimony of purushottam (pw1 ..... confiscation proceedings under section 61 a of the forest act started and the authorized officer has passed an order to confiscate the maroti van and the teak .....

Conservator of Forests, Yavatmal Vs. Shamrao Ramkrushna Deshmukh

Court : Mumbai

Reported in : 1990(2)BomCR57; (1991)IILLJ356Bom

..... ' the circular has, therefore, directed the inspector general of police and the director of anti-corruption bureau should see that in the cases relating to offences involving moral turpitude investigating police officers adhere to the prescribed time limit laid down by the government circulars referred to above, (september 18, 1974) scrupulously. ..... the government has observed that 'however, it is not desirable to reinstate government servants who are placed under suspension in cases relating to offences involving moral turpitude, such as misappropriation, defalcation, fraud, embezzlement or corruption, till the cases are finally decided. ..... , by order dated 17th november, 1987 declared that the petitioner department has engaged in an unfair labour practice and further directed to revoke the order of suspension and to permit the respondent to execute the duties.the forest department impugned the order of the industrial court raising the question as formulated.5. mr. ..... the anti-corruption bureau on 28the january 1986 filed a chargesheet for the offences punishable under section 5(1)(d) read with section 5(2) of the prevention of corruption act, against the respondent along with others. ..... the respondent shamrao deshmukh has been in the employment of the forest department as a round officer (forester). ..... according to him, the action of placing him under suspension amounts to victimisation as he is a member of the central executive committee, maharashtra forest guards. .....

Aanandkumar Raghunath Ray Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : AIR1989Bom293; 1988(4)BomCR143

..... shri maniyar, learned counsel appearing for the petitioner contended before us that under s.61-a of the indian forest act , in its application to the state of maharashtra, while deciding the appeal, the sessions judge had no power to remand the case. ..... the divisional forest officer after considering the reply and other material on record, came to the conclusion that the tempo was used in commission of the offence under the forest act , and therefore, ordered its confiscation. ..... since it was noticed that illegally cut forest wood was carried in the tempo it came to be seized. ..... on information received by the range forest officer, flying squad, shahapur, this tempo come to be seized. ..... 61c of the indian forest act . ..... 61-b(2) of the forest act as already observed it is this order of remade which is challenged in the present writ petition.3. ..... the forest officer thereafter issued a notice to the petitioner calling upon him to show cause as to why the tempo seized shold not be confiscated. .....

State of Maharashtra Vs. Vinayak Dagadu Jadhav

Court : Mumbai

Reported in : 1995(2)BomCR467; (1995)97BOMLR832; 1995(1)MhLj318

..... the acf has passed the order under section 61-a(3) of indian forest act 1977 (hereinafter in brief referred to as the said act) confiscating the vehicle involved in the matter herein belonging to the respondents and the additional sessions judge has passed the order under section 61-d(1) of the ..... 9 of 1991 arising from the order dated 30th november 1990 passed by the assistant conservator of forest (hereinafter in brief referred to as acf), dist, dhule in divisional offence no. ..... 9 of 1991 on 6th september 1991 is quashed and set aside and the order of the learned assistant conservator of forest dhule division dhule dated 30-11-1990 is confirmed. c.c. ..... few relevant facts : the range forest officers, toranmal intercepted one canter being no. ..... the range forest officers under panchanama seized the teak wood as also the canter as the teak wood was being carried illicitly, after felling it from the reserved forest. 4. ..... the range forest officer checked the said canter and found containing teak square lumbers measuring 86 in number and 2.785 cu.m. ..... it is noticed that thereafter all the four inmates named above were duly chargesheeted who pleaded guilty for the offences. .....

Mohd. YousufuddIn Vs. State of Maharashtra and Another

Court : Mumbai Aurangabad

..... it leaves no doubt as to how first forest officer intercepted the truck, then it was illegally attempted to be taken away, the chase and then prosecution initiated by forest officials for offence under sections 353, 504, 323, 34 of indian penal code. ..... resultantly, offence vide crime no.1 of 2001 dated 15th may, 2001 was registered in terms of sections 41 and 42 of indian forest act having committed breach of section 3 thereof. ..... it was not a case of exercising powers under indian forest act and contemplated action under section 61-a thereof, as desired by the petitioner. 6. ..... however, driver of truck assaulted the forest officials and removed the truck. ..... and if it is there, then panchnama, seizure memo referred by forest authority, is illegal. 5. .....

Ratanchand Radhakisondas Vs. State

Court : Mumbai

Reported in : (1959)61BOMLR1161; 1960CriLJ461

..... penal code becuase it creates or purports to create a right to transport forest produce, an action which witout the trnasis pass, would be an offence punishable with fine and imprisonment. ..... 154 of the criminal procedure code every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station has to be reduced to writiing by him or under his direction and has to be read over to the informant and every suuchh informatiion, whether given in writiing or reduced to writing has ..... section 467 of the indian penal code deals amongst other things with the offence of forging a document purporting to be a valuable security and prescribes punishment ..... the position that as the convictions of the accused are confimed the appellant is guilty of ann offence which has enabled him to cheat the state of its revenue. ..... it was held that the original of the transist pass, without which no forest produce could be removed, was valuable securiity within the meaning of s. ..... 471 and prescribes the same punishment for the offence of fraudulently or dishoestly uysing as genuine any document which a person knows or has reason to believe to ..... without payment of general sales tax and which cloth was the property of the said ratilala wadilala and thus committed an offence punishable under s. ..... bombay sales tax officer, which he know or had reason to believe at the time be used it to be a forged document and thereby comitted an offence punishable under s. .....

Ajay Rajaram Hinge Vs. State of Maharashtra

Court : Mumbai

..... no.229/14 of vadgaon maval police station, pune for offences punishable section 302, 201 read with 34 of the indian penal code. ..... he submits that one antecedent of an offence under section 326 of ipc is against the applicant-accused otherwise, there is no other evidence. 3. ..... police registered an offence against the applicant-accused and other accused. ..... (iii) the applicant shall not indulge in any kind of offence. ..... they then threw his dead body in the forest. .....

Emperor Vs. Kassim Isub Sab

Court : Mumbai

Reported in : (1912)14BOMLR365

order1. applying the principle of section 79 of the indian penal code, the court reverses the conviction and sentence and directs the fine, if paid, to be refunded.