MOHAMMAD YASIN Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) This revisional application, under Article 227 of the Constitution of India, is directed against Order, dated 24th May, 1993, passed by the learned Assistant District Judge, 2nd Court, Jalpaiguri, in Misc. Appeal No. 34 of 1992, under section 59D of the Indian Forest Act By the impugned Order, the learned Judge has been pleased to send the case back on remand to the Authorised Officer, Jalpaiguri District, and Divisional Forest Officer, Jalpaiguri Division, for rehearing of the case in the light of the observations made therein, with a further direction to pass a fresh Order according to haw.

(2.) The facts of the case, in short, is that on 25th March, 1992, at about 12-00 noon, the Motor Vehicle No. BPL 4344, which was approaching Tista Bridge, was signalled to stop at the Check Post. The driver of the said vehicle on noting the signal slowed down its speed and thereafter accelerated the same stating that the vehicle was loaded with coal. On suspicion, the vehicle in question was intercepted by the Forest Officials and it was alleged to be found that the vehicle was carrying green and freshly sawn sal timber, measuring 8.148 Cu. M., without any government hammer mark.

(3.) The driver or khalasi or other occupants of the said vehicle in question failed to produce any transit pass or other documents for transportation of the said timber. The truck, alongwith 164 pieces of Sal timber, were seized and occupants of the said vehicle including the driver were arrested. Thereafter a notice to show-cause was issued, under section 49A(iii) of the Indian Forest Act on 29.4.1992. The show-cause notice was duly attended to on 21st May, 1992 and the matter was thereafter heard by the Forest Officer. In course of the hearing the authorised officer examined the driver, khalasi and other persons, on behalf of the defence, and thereafter forest official was examined. The authorised officer, on being satisfied, passed an order for confiscation of the vehicle.