BHOLA KUNDU Vs. SECRETARY TO GOVT

JUDGEMENT

(1.) The petitioner is the owner of Tata Turbo mini lorry bearing No. WB 25B 9012. He gave the lorry for transportation of fish seed from Nayhati, West Bengal to Eluru. When the driver of the lorry was transporting water turtles (melanochelys trijuga) along with fish in the said lorry on 19.02.2010, it was seized at about 11.00 pm by the Tahsildar, Mudinepalli Mandal, Krishna District. He informed the Divisional Forest Officer, Krishna Division, Vijayawada about the seizure and handed over the said vehicle along with three accused available in the mini lorry to the Divisional Forest Officer, who, in turn, handed over them to the Station House Officer, Mudinepalli. On 20.02.2010, the police handed over the case property and the accused to the Forest Range Officer, Vijayawada for further investigation. The Forest Section Officer, Special Duty, Machilipatnam, booked a case on 20.02.2010 and seized the vehicle and water turtles which were found in gunny bags and stock in plastic crates. 50 crates are filled with 1168 turtles and 18 crates, were filled with fish. After intimation to the Chief Conservator of Forests, Rajahmundry and as per his orders, the live turtles were released in the natural habitat in Krishna River at Prakasam barrage and decomposed fish was buried in the sand at the river bund. The Forest Range Officer, Vijayawada, submitted the case records in DOR No. 14/2009-10 to the Divisional Forest Officer, Krishna Division, Vijayawada and the three accused were released by the Forest Range Officer, Vijayawada, after taking personal bonds from them. On 25.02.2010, the Divisional Forest Officer, Krishna Division, Vijayawada, called the accused and conducted an enquiry with regard to the offence. Their statements were recorded and the writ petitioner was not present. All the three accused admitted their involvement in the offence and agreed for compounding the offence. They were ordered to pay an amount of Rs. 25,000/- towards compounding fee and the said amount was paid on 23.02.2010.

(2.) The second respondent, Divisional Forest Officer, Krishna Division, Vijayawada, issued a show cause notice, dated 28.03.2010 to the petitioner and the petitioner, through his General Power of Attorney (GPA) holder, submitted a reply dated 15.04.2010 to the second respondent stating that he asked the driver of the lorry to return to HABRA with empty vehicle, but the driver gave deaf ear to him and loaded 1168 turtles along with fish, as he was not interested to return with the empty vehicle and was interested to get hire charges for return trip and he had no knowledge of the alleged offence committed by his driver and helpers.

(3.) The Chief Conservator of Forests, Rajahmundry Circle, Rajahmundry, the third respondent herein, passed orders in Reference No. DOR/14/2009-10/VJA, dated 13.05.2010, forfeiting 68 old plastic trays (used for keeping the turtles) and mini lorry bearing No. WB 25B 9012 (used for transportation of turtles) to the State under Section 39(1)(a) & (d) of the Wild Life (Protection) Act, 1972 (for short, the Wild Life Act). Challenging the said order, the present writ petition was filed.