MAHENDRA DHARMAJI PAPAL vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

2026:BHC-AS:22912 wp 16 of 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.16 OF 2024 Mahendra Dharmaji Papal, Age 40 years, Occu – Agriculture, R/o Near Khadda Garuage, Mangalwar Peth, Dist. Pune - 411 011 ... Petitioner versus 1. State of Maharashtra Through Authorized Officer and Assistant Conservator of Forest, Pune. 2. Forest Range Officer, Indapur, Indapur Division, Pune. … Respondents Mr. Pranav H. Bhoite with Mr. Pratik Dalimbe, for Petitioner. Smt. R.S.Tendulkar, APP for State. CORAM: N.J.JAMADAR, J. RESERVED ON : 16 APRIL 2026 PRONOUNCED ON : 8 JUNE 2026 JUDGMENT : 1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally. 2. By this Petition under Article 227 of the Constitution of India, the Petitioner takes exception to a judgment and order dated 15 September 2023 passed by the learned Additional Sessions Judge, Baramati, in Criminal Appeal No.27 of 2022, whereby the appeal preferred by the Petitioner against SSP 1/20 wp 16 of 2024.doc an order dated 1 December 2022 passed by the Authorized Officer and Assistant Conservator of Forest under Section 61-A of the Indian Forest Act, 1972 (the Act, 1927), in its application to the State of Maharashtra, came to be dismissed by affirming the said order passed by the Authorized Officer and Assistant Conservator of Forest. 3. The background facts leading to this Petition can be summerized as under : 3.1 On 5 August 2022, while the Range Forest Officer, Indapur, and the other forest officials were on patrolling duty, a vehicle of TATA 909 make, bearing Registration No.MH-12/EF-8956 was found moving in suspicious circumstances. The team of forest officials intercepted the said vehicle. Taking advantage of the