Factual background as stated by the appellant is as follows According to him truck belongs to him and he had engaged one Mohd.
The order of companyfiscation under Section 61 A of the Act was challenged in appeal under Section 61 D of the Act which was dismissed by learned Sessions Judge, Akola.
Shabbir, resident of Medshi for transportation of timber on 07.01.1999.
While admitting the writ petition, the High Court stayed both the orders and directed release of the truck in favour of the appellant subject to certain companyditions.
When appellant companyld number find his truck, he reported the matter to local police and thereafter he learnt that his truck has been carried away by Forest Department.
That timber was transported accordingly to Geeta Saw Mill belonging to Gangaram Manaji Patel of Kolhapur as per transit pass and as per law.
MH 30 B 2897 challenged the order of companyfiscation passed by the Assistant Conservator of Forest Authorised Officer under section 61 A of the Indian Forest Act, 1927 in short the Act .
Thereafter without any reason said officers took away the truck of appellant which was standing on Mankarna plot near his residence.
It was found that illicitly felled Nimb Wood and Katsawar wood were being transported.
The truck was found involved in forest offence on 7.1.1999.
Appellant thereafter learnt that on or about 08.01.1999 the officers of the Forest Department seized said timber including Katsawar from Geeta Saw Mill.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the writ petition filed under Articles 226 and 227 of the Constitution of India, 1950 in short the Constitution .
The appellant, the owner of motor vehicle i.e. a truck bearing registration No.
