SK IBRAHIM Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application the Petitioner prays to quash the order of confiscation of his vehicle under Annexure-1 passed by the Authorised Officer-cum-A.C.F., Angul Forest Division, Angul in C.P. Case No. 5 of 2005-06 & also the Appellate order under Annexure-2 passed by the Learned District Judge, Dhenkanal in FAO No. 7 of 2006 confirming such confiscation order.

(2.) The facts of the case are that on 8.5.2005, the Forester, Panchamahala Forest Check Gate & his staff detected a Tata Sumo vehicle bearing registration number plate OR-02-J/9891 at 12.30 A.M. that was carrying 93 bundles of kendu leaves unauthorisedly. The three occupants of the said vehicle including the driver having failed to produce any document of authority regarding such transportation, the vehicle along with kendu leaves were seized & brought to the forest rest house, Angul. Further enquiry revealed that the kendu leaves were being transported from Kishorenagar area of Angul to Balijhari in the district of Cuttack. The Forest Range Officer, Purunagarh Range, Angul reported the matter on the basis of which confiscation proceeding No. 5 of 2005-06 was initiated before the Authorised Officer-cum-ACF, Angul Forest Division, Angul.

(3.) Nearly three months after the seizure of the vehicle, the present Petitioner claiming to be the owner of the said vehicle filed Petitioner & a show cause in the confiscation proceeding stating that the vehicle in question belonged to him & its actual registration number was OR-02H-3501 & that he had engaged one Sk. Salim Mohammad of Tusura, district-Kendrapara as driver & the driver had been specifically instructed not to carry contraband goods or forest produce. It was further stated that on 28.03.2005 the driver took the said vehicle with the permission of the Petitioner for use in the marriage ceremony of a relation with a promise to return the vehicle after two days. The driver having not returned the vehicle till 31.03.2005, as promised, the, Petitioner went to his house on 10.4.2005, but failed to get any information, about the vehicle & whereabouts of the driver from his family members. The Petitioner thereafter lodged a report at Balichandrapur Police Station about the missing of the vehicle. The O.I.C., Balichandrapur P.S. having not taken any action, the Petitioner approached the Superintendent of Police of Jajpur on 17.5.2005 where after the O.I.C., Balichandrapur P.S. registered P.S. Case No. 56 dated 22.05.2005 under Section 407 of the I.P.C. against the driver & took up investigation. The driver remained absconding till 28.7.2005 when he was found by the Petitioner's son driving a bus at Cuttack. The driver was then produced in Malgodown Police Station & during interrogation he disclosed that the vehicle (Tata Sumo) was seized by the Forest Staff, Angul Division on 08.05.2005. The I.O. along with the driver & the Petitioner came to Angul on 29.7.2005 & on enquiry at the Forest Division office it was found that one Tata Sumo bearing Registration No. OR-02J-9891 was seized. At that time, the driver disclosed that, he had displayed the fake number plate, as aforesaid, on the Tata Sumo belonging to the Petitioner for illegal transportation of kendu leaves. On verification of the Engine & Chasis numbers of the seized Tata Sumo, it was found that it belonged to the Petitioner & its real registration number was OR-02H-3501. The Petitioner, therefore, contended before the Authorised Officer that despite his specific instruction not to use the vehicle for any illegal purposes, his driver transported kendu leaves unauthorized without the knowledge, consent or connivance of the Petitioner &, therefore, the vehicle was not liable to be confiscated.