JYOTSHNA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER 's Mini Truck bearing registration number OR 05 H 1869 has been seized and a confiscation proceeding has been initiated on the aollegation that the Truck was carrying timber illegally on the basis of forged documents. The petitioner filed an application before the Conservator of Forests for release of the Mini Truck. The Conservator directed the Divisional Forest Officer, Athgarh Division, to release the truck on furnishing cash security of Rs. 50,000/ and bank guarantee of Rs. 1,00,000/ with a further direction to produce the vehicle as and when required by the Authorised Officer. It was further directed that the petitioner should not change the colour and registration number of the vehicle without knowledge of the Divisional Forest Officer, Athgarh. Since the vehicle was not released in spite of such direction, an application was filed by the petitioner before the Divisional Forest Officer, Athgarh. The Divisional Forest Officer replied to the petitioner that a request had been made to the Conservator of Forests to review/reconsider the earlier order dated 6.5.2000 and further follow up action would be taken after disposal by the Conservator of such request made, by the Divisional Forest Officer. It further appears that thereafter the petitioner has filed an objection before the Conservator of Forests stating that there is no provision for review of any earlier order and as such the previous order passed by the Conservator should be enforced. However, since the matter had remained pending before the forest authorities for a long period, the petitioner has filed this writ application seeking for a direction to reduce the security deposit (both cash and bank guarantee) and to release the vehicle in favour of the petitioner.

(2.) COUNTER affidavit has been filed on behalf of the State Government purportedly represented through the Conservator of Forests. In the counter affidavit it has been indicated that confiscation proceeding has been initiated which is pending before the Authorised Officer cum Assistant Conservator of Forests, Athgarh. It is further indicated that the Conservator of Forests had passed the earlier order on the basis of a bona fide mistake.

(3.) BEFORE considering the submissions made by the counsels for parties, it is necessary to notice the relevant provisions contained in the Orissa Forest Act. 1972 (hereinafter referred to as the 'Act''). Section 56 of the Act dealing with the question of seizure of property and confiscation is extracted hereunder :