RADHASHYAM DASS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HAVING heard the learned counsel for the parties, I am of the opinion that the impugned confiscation proceeding as regards the machineries and/or Saw Mill of the petitioner cannot be held to be valid in terms of section 59A(3) of the Forest Act as amended by the State of West Bengal, in view of the fact that such a proceeding could be initiated only when any timber or forest produce which are the properties of the State Government, are produced before a Authorised Officer under sub -section (1) and the Authorised Officer is satisfied that a forest offence has been committed in respect of such property. Saw Mill is neither a timber nor a forest produce, nor can be treated to be a property of the State Government. Confiscation of such machinery is wholly illegal and without jurisdiction. The concerned respondents are directed to apply their mind before initiating any such proceeding in future, failing which, this court shall be constrained to award damages as against the concerned officer personally besides the State. This aspect of the matter has also been considered by a Division Bench of Madhya Pradesh High Court in Kamlesh Kumar Chhabra v. State of M.P. and Ors. reported in AIR 1985 M.P. 130.

(2.) THE respondent No.3 is, therefore, directed to release the seized machinery forthwith. The petitioner may also file a fresh application for grant of licence which may be considered by the concerned respondent at an early date and preferably within a period of four weeks from the date of filing of such application. This application is disposed of accordingly.

(3.) LET a plain copy of this order duly countersigned by the Assistant Registrar (Court) be handed over to the learned counsel for the parties on usual undertaking. Ordered accordingly.