KRISHNA SARKAR Vs. AUTHORISED OFFICER JALPAIGURI DIVISION

JUDGEMENT

(1.) In the instant revisional application under Article 227 of the Constitution, the petitioner has challenged the order dated 25th November, 1994, passed by the Additional District Judge, First Court, Jalpaiguri in Misc. Appeal No. 30 of 1992 affirming the order of the Authorised officer, Jalpaiguri District being No. 4524/15-213 dated 18th November, 1992 confiscating the vehicle of the petitioner along with the tools, forest produce seized under section 59(A) (3) of the Indian Forest Act 1927.

(2.) At about 8.30 p.m. of 17th July, 1992 while the Range Officer, upper Tondu range along with other forest staff were patrolling along with periphery of the forest areas in Mongla Bari Basti on the fringe of Keriar Bandar forest near north Longdong, the concerned vehicle being an Ambassador car was coming towards them with head light on and as the Range Officer and other forest personnel tried to stop the car, the driver of the car fled away while the car was still running. The said car was found to contain forest produce in the form of sawn gamar timber plaints and gamer block. The said car was brought to the Range office of the said Range where the car and the forest produce were seized under a seizure list as no document in support of the forest produce were found in the car. Subsequently, a confiscation proceeding was started by the Authorised Officer, Jalpaiguri under section 59A(3) of the Indian Forest Act, 1927 and due notices were sent to the registered owner of the car being the writ petitioner herein.

(3.) The petitioner replied to the show cause notice praying for returning of the vehicle contending, inter alia, the car in question was usually let on hire to Government offices and in the month of June 1992 the car met with an accident for which it was sent to a repairing garage for repairing work and the petitioner was informed that the car was ready for delivery after such repair on 17th July, 1992. The petitioner sent her driver to the said garage for taking delivery of the car for trial run, but as the said car did not return to the garage on 17th July, 1992 the owner of the garage made an inquiry into the matter and came to learn the car was also not taken to the petitioner whereupon he duly informed the petitioner; and petitioner made an enquiry and thereafter lodged a diary before the Inspector-in-Charge, Katwali Police Station in Jalpaiguri and subsequently, She came to know about the seizure of the vehicle.