STATE OF ANDHRA PRADESH versus YEDLA PERRAYA

Citation: [1969] 2 S.C.R. 623 · Decided: 04-11-1968 · Supreme Court of India · Bench: J.C. SHAH · Disposal: Dismissed
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Judgment (excerpt)

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STATE OF ANDHRA PRADESH 
v. 
YEDLA PERRAYA 
November 4, 1968 
[J. C. SHAH, V. RAMASWAMI AND A. N. GROVER, JJ.] 
623 
Andhra Pradesh Forest Act (A.P. 5 of 1882), ss. 43 and 47-Lorry 
used in illicit transport oj timber-Owner of lorry ignora111 of such user-
Whether Jorry could be directed to be confiscated-Difference in powers 
of the trial and app,el/ate courts. 
The respondent's Jorry was used by the driver of the lorry 
and 
another, without the respondent's knowledge, for illicit traosport of forest 
timber worth more than Rs. 50. The driver and the other person were 
convicted for offences under ss. 35 and 36 of the Andhra Pradesh Forest 
Act, 1882, and the magistrate directed confiscation of the lorry under 
s. 43 of the Act as amended by Act 11 of 1963. The Sessiona Court 
set aside the order of confiscation in appeal and the High Court confirm-
ed the order of the Sessions Court. 
ln appeal to this Court, 
HELO : The, Legislature originally conferred both upon the trial court 
and the appellate court a discretion 
to pass an appropriate order with 
regard to the disposal of a vehicle used in the commissio.11 of an offence 
under the Act. After the amendment of 1963, the Legislature made it 
<lbligatory upon the trial court to confiscate the. vehicle used, but no such 
restriction was placed upon the appellate court. 
Under s. 47, the appel-
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late court could pass orders regarding disposal of property in the same 
manner as an appellate court under s. 520 Criminal Procedure 
Code, 
corresponding to s. 419 of the Code of 1872. Under s. 520 of the Code, 
power is conferred upon the appellate court to pass any 
appropriate. 
order, as may be just, regarding the disposal of properly used in the 
commission of any offence. The order of the Sessions Court in appeal 
in the present case was essentially a just order and was rightly confirmed 
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by the High Court. [626 B-El 
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CRIMINAL APPELLATE JUR1SDICTION : Criminal Appeal No. 
195 Of 1966. 
Appeal from the judgment and order dated February 25, 1966 
of the Andhra Pradesh High Court in Criminal Revisiqn Case No. 
382 of 1964. 
P. Ram Reddy and G. S. Rama Rao, for the appellant. 
A. V. Rangam, Miss Sen, A. Vedavalli and Subhashini, for the 
respondent. 
The Judgment of the Court was delivered by 
Shah, J. Motor Lorry .Jl{o. A.P.P. 4695 belonging to the 
respondent Yedla Perraya was seized by the Forest Range Officer, 
Gokavaram, early in the morning of December 25, 1963, when it 
624 
SUPREME COURT REPORTS 
[1969) 2 S.C.R. 
was being used without a license for carrying eight Y egisi logs on 
Rajahmundry-Gokavaram Road. The driver of the motor lorry 
and another person were tried before the 2nd Additional, 2nd Class 
Magistrate, Rajahmundry on a complaint by !he Forest Range 
Officer for offences under ss. 35 and 36 of the Andhra Pradesh 
Forest Act and the rules framed thereunder. 
The two accused 
admitted that they had committed the offence of illicit transporta-
tion Oil' timber, and on their plea of guilty they were convicted. 
The respondent applied to the Trial Magistrate for an order re-
leasing the motor Jorry on the plea that the offence of transporta-
tion of timber was committed without his knowledge and that the 
value of the timber seized was not more than Rs. 50/- at the 
relevant time. 
The learned Magistrate observed : 
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"After careful perusal of the deposition of R.W. 1, 
I find that there is nothing in it to indicate that the 
petitioner knowingly lent his lorry for the illicit trans-
port of timber on the night of 24-12-63. There is also 
nothing in the case records to show that the petitioner 
allowed the lorry to illicitly transport the timber on the 
above date. I accordingly hold that the petitioner can-
not be said to have knowingly allowed his lorry to illi-
citly transport the timber." 
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Bilt the learned Magistrate was of the view that by s. 43 of the 
Andhra Pradesh Forest Act, where it was proved that the value 
of the timber transported exceeded Rs. 50/-, he was enjoined to 
direct confiscation of the vehicle in which the forest produce was 
being transported without a licence. In his view the value of eighc 
logs of timber seized from the lorry was Rs. 311/- at the market 
rate in Rajahmundry. 
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In appeal by the respondent to the Court of Session at Rajah" 
mundry the order of confiscation was set aside. and the High Court · F 
of Andhra Pradesh confirmed the order of the Court of Session.
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