BADAL CHANDRA PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this art. 226 dated January 13, 2011 is questioning an undated order of the Authorized Officer, District of Jalpaiguri & Siliguri Sub-division of district of Darjeeling under s. 59A(3) of the Indian Forest Act, 1927. Sections 59A-59G were inserted after section 59 of the Indian Forest Act, 1927 by the West Bengal Act 22 of 1988.

(2.) Sub-section(3) of section 59A provides that where any timber or other forest produce which is the property of the State Government is produced before an authorised officer under sub- section(1) of section 59A and the authorised officer is satisfied that a forest-offence has been committed in respect of such property, he may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the property together with all tools, ropes, chains, boats, vehicles and cattle used in committing the offence.

(3.) A vehicle of the petitioner was seized by a Range Officer on April 8, 2007 on the grounds that it was used in committing forest-offence. A large quantity of timber that the vehicle was carrying was seized. The petitioner, who was served with notice, accepted the charges taking the plea that due to ignorance he violated the provisions of the Indian Forest Act, 1927 and the West Bengal Forest Produce Transit Rules, 1959. After giving opportunity of hearing, the authorized officer concluded that the vehicle was liable to be confiscated, and accordingly he passed the impugned order confiscating the vehicle and the forest produce.