NAZBAN NISSA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application is directed against an order dated 22.7.93 passed by the learned Additional District Judge, Jalpaiguri in Misc. Appeal No. 1/93 affirming the order of confiscation of vehicle No. WMQ 2311 passed by the Authorised Officer, Jalpaiguri by order dated 25.11.92 in Forest Case No. 4637/15-217.

(2.) The present petitioner, who is the registered owner of the truck, was informed that her truck was seized by the officer-in-charge of Teesta Check Post on the allegation of carrying 8 pieces of Sawan Timber illegaly the value of which was estimated to be around Rs. 20,000/-. She was further informed that her driver, who was entrusted to deliver 298 packets of Carbon dust which was loaded at Gauhati and to be delivered at Calcutta, had loaded the said timber in the truck to carry the same to Kishanganj. The driver and his associates were arrested and were subsequently released on bail.

(3.) Having received the information about the seizure of her truck the petitioner made an application before the Authorised Officer praying for return of her vehicle bearing No. WBQ 2311 and in her application it was stated by her that although she is the registered owner of the vehicle she had no knowledge or connivance with the said offence in any way. It was further stated by her that there was no latches on her part in taking adequate precaution and she instructed the driver not to carry any illegal and illicit thing in the truck. The petitioner appeared before the authorised officer and stated that she gave instruction to her driver not to load any illegal goods in the truck and she also obtained an undertaking to that effect from her driver at the time of his appointment.