Supreme CourtDivision Bench

State Of Madhya Pradesh & Ors vs Raj Kumar Jain

Supreme Court Of India · Decided on 15 February 2019 · Citation: (2019) 02 SC CK 0331

HON’BLE JUDGES
A.K. Sikri, J · S. Abdul Nazeer, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal No(S). 275 Of 2019
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Judgment

5 paragraphs · 157 words

Leave granted.

Nobody appears on behalf of the respondent in spite of service.

In these circumstances, we proceed to hear this appeal finally.

In brief, the facts are that Tendu Leaves were being illegally transported to a village with the help of a vehicle, which was subsequently seized by the forest  authorities. The Forest Officer allowed the seizure to be lawful. On appeal, the Appellate Officer, upheld the findings recorded by the Forest Officer. On revision, the High Court has, by the impugned order, held that the vehicle could not have been confiscated and, therefore, directed to release the vehicle. This issue stands covered by the  judgment of this Court in "State of M.P. vs. Kallo Bai (2017) 14 SCC 502, wherein this Court has held that whenever there is transportation of item which is illegal there can be confiscation of vehicle as well.

In view thereof, we allow this appeal and set aside the impugned order.