MINATI PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against the judgment and order dated 20th June, 2001 passed by the learned Additional District Judge, 1st Court Jalpaiguri in Misc. Appeal No. 27 of 1999 affirming the order dated 20th September, 1999 passed by the Authorized Officer, Jalpaiguri District & the Divisional Forest Officer, Jalpaiguri Division.

(2.) By the order impugned, the order passed by the Authorized Officer confiscating the vehicle No. WGV-4088 along with the tools, forest produce seized by the State Government under Section 59a(3) of the Indian Forest Act, 1927, was affirmed in appeal by the learned Additional District Judge, 1st Court at Jalpaiguri.

(3.) Both the Authorized Officer as well as the learned Court below concurrently held that a forest offence had been committed in respect of the forest produce belonging to the State Government by the registered owner of the vehicle being Vehicle No. WGV-4088 which was used in commission of the said forest offence. Both the Authorized Officer as well as the learned Court below also concurrently held that the owner of the vehicle failed to prove that her vehicle was not used for carrying the said forest produce without the knowledge or convenience of herself or her agent or person in charge of the vehicle. Both the Authorized Officer as well as the learned Court below further held that the owner of the vehicle failed to prove that she herself or her agent or the person in charge of the vehicle had taken all reasonable and necessary precautions against the unauthorised use of the said vehicle for illegal transportation of the forest produce belonging to the State Government.