RAM CHANDRA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India on behalf of Shri Ram Chandra Singh, owner of a vehicle bearing No. WB-03/0799 is directed against the judgment and order dated 17-7-96, passed by the Ld. Addl. District Judge, 2nd Court, Jalpaiguri being the Appellate Authority under the Indian Forest Act, 1927 in Misc. Appeal No. 18 of 1993 dismissing the appeal preferred by the petitioner against the order dated 21-12-92 in Case No. 4937/15-222 and 28-5-93 in case No. 2361/15/222 and 28-5-93 in Case No. 2361/15/222 by the Authorised Officer, Jalpaiguri District under the provisions of the Indian Forest Act confiscating the vehicle No. WB-03/0799 of the petitioner. The Ld. Judge, the Appellate Authority affirmed the findings of the Authorised Officers as well as his aforesaid orders dated 21-12-92 and 28-5-93.

(2.) Facts leading to the instant application before this Court may be briefly stated as follows :-

(3.) Shri Mihir Kumar Dey, Officer in charge of Teesta Bridge Forest Check Post then recorded the statement of the driver of the truck Shri Jainal Akhtar who conferred that the rate for carrying timbers to Ultadanga, Calcutta was fixed by him at Rs. 6,500/- when he met the Dalal at Basirhat. Seizure list was also prepared regarding the seizure of the said timbers and the truck. Jamal Akhtar and Jogen Karmakar were the driver and khalasi respectively of the said trucks, were produced before the Ld. Chief Judicial Magistrate, Jalpaiguri, for committing offence under the Indian Forest Act 1927 and under the West Bengal Forest Produce Transit Rules 1958 as amended. After observing those formalities, Shri M. K. Dey, Forest Officer reported the matter of the aforesaid search and seizure to the Authorised Officer of the Jalpaiguri district under the Indian Forest Act, 1927, of the Jalpaiguri District.