BASHEER AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this revisional application which is treated as an application under Article 227 of the Constitution of India , the judgement and order dtd. 14/3/2023 as passed by Learned Additional Sessions Judge, 3rd(Special) Court, Jalpaiguri in Criminal Appeal no.02 of 2021 has been impugned. By the impugned judgement the Learned Appellate Court affirmed the order of confiscation dtd. 7/4/2021 as passed by Authorized Officer/ Deputy Field Director, Buxa Tiger Reserve (West) Alipurduar in connection with the seizure of the vehicle of the present revisionist vide OR No.11/WD of 2019-20 dtd. 26/4/2019.

(2.) From the materials as placed before this Court it reveals that on the relevant day i.e.; on 26/4/2019 the vehicle of the appellant bearing registration no. HR-74A-9058 was intercepted by the concerned Range Officer, West Damanpur Range and on search a huge quantity of tick-block timber was found having no government hammer mark and that the driver could not produce any valid documents regarding the possession of the said timber.

(3.) The Authorized Officer/ Deputy Field Director thereafter proceeded with the provisions of Sec. 59A and Sec. 59B of the Indian Forest Act, 1927 (hereinafter referred to as 'the said Act') and ordered for confiscation of the vehicle of the present appellant. The appellant felt aggrieved and preferred an appeal before the Appellate Court. However, by the impugned judgement and order such appeal was dismissed affirming the order dtd. 7/4/2021 as passed by the Authorized Officer/ Deputy Field Director of the aforesaid reserve forest.