DIVISIONAL FOREST OFFICER Vs. LAXMAN PRATAP RAY

JUDGEMENT

(1.) This writ appeal is preferred by the Divisional Forest Officer (A.O.), Adilabad and another, questioning the judgment of the learned single Judge in W.P. No. 1417/1990. The respondent is the writ petitioner. The writ petition was filed by the respondent questioning the order of the appellant dated 28-10-1989 and the appellate order of the learned District Judge, Adilabad dated 16-1-1990 in regard to the confiscation of teak-wood logs and lorry bearing M.P. 20/4717. The lorry was being driven by the owner himself.

(2.) On 8-10-1989 at about 11-30 p.m. the Forest Range Officer, Adilabad checked the above said lorry at Mavala check-post and found that the lorry was carrying 17 teak-wood logs measuring 1.016 cmts. worth Rs. 11,176/- without valid permrt, along with 'masoori dhal' of 100 bags. It was then seized under Sec. 44 (2) of the A.P. Forest Act, 1967 (hereinafter called the Act) and produced before the 1st appellant, the Divisional Forest Officer, Adilabad (the authorised officer), for inquiry. The said officer gave notice to the writ petitioner who was the owner-cum-driver of the vehicle and ordered confiscation of the teak-wood logs and the lorry. The said order has been confirmed by the learned District Judge under Sec. 44 (2E) of the Act. Questioning the said orders, the respondent filed the writ petition. The learned single Judge passed the following order:

(3.) In this appeal, it is contended by the learned Government Pleader, Sri Chandrasekhara Reddi, that according to the provisions of the Act and the relevant rules, there is no question of any application being filed before the District Court. It is for the owner of the goods and vehicle to file an application for compounding immediately after seizure of the goods or at the inquiry before the said officer and if no application is filed before him at that stage, it is not permissible to seek compounding at any later stage, either before the authorised officer under Sec. 44 (2A) or before the appellate authority i.e., the District Court under Sec. 44 (2E).