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2019 DIGILAW 680 (SC)

State Of Madhya Pradesh v. Raj Kumar Jain

2019-02-15

A.K.SIKRI, S.ABDUL NAZEER

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ORDER 1. Leave granted. 2. Nobody appears on behalf of the respondent in spite of service. 3. In these circumstances, we proceed to hear this appeal finally. 4. 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. 5. In view thereof, we allow this appeal and set aside the impugned order.