Bhura v. Vikrant Gupta

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The present petition under Article 227 of the Constitution of India has been preferred assailing the order dated 26.08.2025 passed by the learned Additional Sessions Judge, Court No. 1, Rampur, in Criminal Revision No. 172 of 2025 titled Regional Director, Social Forestry Department v. Bhura and Another, whereby the revisional Court set aside the order dated 25.06.2025 passed by the learned trial Court and remanded the matter for fresh consideration.

The brief facts of the case are that an FIR, being Case Crime No. 49 of 2025, under Sections 303(2), 317(2) of the B.N.S.S., and Sections 26, 41, and 42 of the Indian Forest Act, was registered at Police Station Milak Khanam, District Rampur against the petitioner. The allegation in the FIR is that the petitioner was found transporting 28 prohibited Khair trees in his vehicle bearing registration no. UP 21 ET 6459, which was subsequently seized by the police. Thereafter, the petitioner moved an application for release of the said vehicle before the Court of Civil Judge (Senior Division)/Fast Track Court, Rampur on 02.06.2025. The learned Magistrate, vide order dated 25.06.2025, directed the respondent no. 2- Regional Director, Social Forestry Department to release the petitioner's vehicle.

Aggrieved by the said order, respondent no. 2 preferred a revision being Criminal Revision No. 172 of 2025 before the Court of the Additional District and Sessions Judge, Rampur, which was allowed vide order dated 26.08.2025. In the impugned order, the revisional Court observed that the petitioner's vehicle was confiscated for the offences under Indian Forest Act, 1927, thus the provisions of the said Act will be applicable in this case. It was further observed that Section 52-D of the said Act is applicable in the State of Uttar Pradesh, according to which only the competent Divisional Forest Officer under Section 52-A and the State Government under Section 2 A227 No. 11472 of 2025 52-B have the jurisdiction to order the release of the said vehicle, thereby set aside the trial court's order. Being aggrieved by the aforesaid revisional order, the petitioner has preferred the present petition.

Learned counsel for the petitioner submits that the petitioner has also received a notice dated 30.06.2025 issued by the office of the Conservator of Forests, calling upon him to submit his explanation in connection with the confiscation proceedings relating to vehicle bearing registration no. UP 21 ET 6459.

In view of the statutory remedy available under Section 52-A of the Indian Forest Act, 1927, and the fact that the competent authority has already issued notice initiating proceedings, no interference is warranted by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.