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2014 DIGILAW 1008 (ALL)

Devendra Kumar Sarraf v. State of U. P.

2014-03-28

KARUNA NAND BAJPAYEE

body2014
JUDGMENT Karuna Nand Bajpayee, J.: - Supplementary affidavit filed on behalf of the revisionist is taken on record. 2. This revision has been filed assailing the validity of the order dated 15.2.2006 passed by the Addl. Chief Judicial Magistrate, Khurja, Bulandshahar in Crime No.30 of 2006 under Section 51(K)77 India Forest Act 1927 and Section 3 Aara Machine Sthapana Evam Vinimay Niyamawali 1978, State Versus Devendra Kumar Sarraf. 3. List has been revised but even on repeated calls none has appeared to press this revision. Learned AGA is present. This is an old revision of 2006 and the dockets of pending cases are already bursting on their seams. As such there is no justifiable reason to further procrastinate the matter. The court, therefore, deems it fit to proceed in the matter with the assistance of learned AGA and on the basis of the record. 4. The record of the case including the impugned order has been perused. 5. It seems that a raid was organized under the instructions of the District Magistrate in which the Forest Department, Department of Police and the department of Revenue jointly organized a campaign in the region. The illegal functioning of the Aara Machines resulting in the destruction of trees and woods of the forest department seems to be the chief malady which was taken cognizance of by the District Magistrate and it was in order to take steps to quell and curb the same illegal activity that the raid appears to have been organized. It was in the same process that the premises of the revisionist also came under the scanner and when the same was raided, the illegal functioning of the" Aara Mashine" was detected. The relevant articles which were being used in the functioning of the illegal & objectionable activities were seized. The articles were in the nature of two electric motors, two wheels and one 'Chutaki'. An FIR was also registered in Kotwali Nagar with regard to the same as Case Crime No.30 of 2006. No license with regard to the aforesaid illegal functioning of Aara Machines could be produced by the revisionist on the spot. 6. The perusal of the grounds taken up by the revisionist reveals that the revisionist had earlier filed a writ petition making allegations of harassment against certain Officers of the concerned department. No license with regard to the aforesaid illegal functioning of Aara Machines could be produced by the revisionist on the spot. 6. The perusal of the grounds taken up by the revisionist reveals that the revisionist had earlier filed a writ petition making allegations of harassment against certain Officers of the concerned department. According to the plea taken up by the revisionist it seems that the case of the revisionist is that because of filing of the writ petition the officials of the department got displeased which has resulted into the false prosecution of the revisionist. The order passed in the writ petition has also been annexed along with supplementary affidavit filed. 7. The perusal of the order dated 1.10.2004 passed by the High Court reveals that no kind of relief was granted to the revisionist and the only order passed was that of issuing notices. There is no good ground to believe that this innocuous order can go to displease the officials of the department to such an extent that they would conspire together and bring a false prosecution case against the revisionist. Such a defence plea taken up by the revisionist cannot be accepted. 8. The FIR of the case reveals that in the process of the raid two small Aara Machines were found on the spot and there was sufficient material to indicate their functional operation. The activities were found to be in violation of law and also in breach of the Apex Court's order dated 12.12.1996 passed in writ petition No.202 of 1995. It was also reported that taking the advantage of the crowd the revisionist fled away from the spot. 9. Aggrieved by the seizure, the revisionist sought the release of the seized articles but the impugned order reveals that the court below, after taking note of all the relevant facts connected with the matter, in the wake of the illegal activity perpetrated by the revisionist and also in view of the nature of the articles recovered on the spot which proved that the revisionist was in fact indulged in the operation of the unlawful activity without license, refused the release of the articles. 10. It is not irrelevant to mention that one of the biggest crisis which the society is facing is the menace of the destruction of natural environment and eco-system. 10. It is not irrelevant to mention that one of the biggest crisis which the society is facing is the menace of the destruction of natural environment and eco-system. One of the chief contributory factors which is helping in the precipitation of this crises is the cutting of the trees of forest department. Throughout the nation forest Mafia have cropped up and in breach of all laws and the directions of the Apex Court, the trees are still continuing to be cut and felled. Taking cognizance of the impending peril of the environmental disaster the Hon'ble Apex Court was pleased to issue some solemn directions in this regard which aimed at the stopping of the illegally run Aara Machines throughout the nation. 11. The perusal of the impugned order in the back drop of above facts reveals that there is absolutely nothing in this order to indicate any such illegality , impropriety or incorrectness which may call for any interference by this Court. The articles seized were being used in the aforesaid illegal activities in which the revisionist was involved. Their release shall in all likelihood enable him again to indulge in the same unlawful activities which the law requires and intends to stop. 12. Revision being sans merit stands rejected.