SATYENDRA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two writ petitions are taken up together for hearing, since both arise from the same cause of action. Premananda Saha, the petitioner in WPA No. 8856 of 2020, runs a timber business and was transporting his products on a vehicle owned by Satyendra Singh, the petitioner in WPA No. 8852 of 2020. The authorities seized the products, along with the vehicle, on the allegation that the vehicle was carrying forest products (logs) without appropriate permit. Notice was issued to the petitioners and, upon hearing them, the Authorized Officer, Darjeeling District and Divisional Forest Officer (respondent no.3) passed an order on March 2, 2020 for confiscation of the vehicle along with the timber. Upon an appeal being preferred before the appellate authority (respondent no.2), the said authority, vide Order dated August 12, 2020 affirmed the order of respondent no.3. Challenging the said orders, the present writ petitions have been preferred by the owners of the vehicle and the timber respectively.

(2.) Learned counsel for the petitioners argues that the products, along with the vehicle, were seized in contravention of Rule 8 of the West Bengal Forest-Produce Transit Rules, 1959 (hereinafter referred to as "the 1959 Rules") and Section 100 of the Code of Criminal Procedure, 1973. No copy of the seizure list was handed over to the owner or driver in accordance with law, it is alleged. Moreover, signatures of independent witnesses were not taken at the time of seizure. Only the driver's signature was taken.

(3.) Placing reliance on Minati Paul vs. State of West Bengal , 2005 4 CalHN 565, learned counsel submits that the court has power to release the offending vehicle by imposition of fine in lieu of confiscation of the vehicle. The expression "may" occurring under Section 59D(2) of the Indian Forest Act, 1927 (hereinafter referred to as "the 1927 Act"), it was held in the report, is to be interpreted as discretionary and not mandatory and for the purpose of securing justice, the vehicle may be released by imposition of fine in lieu of confiscation thereof in suitable cases.