STATE OF ORISSA Vs. SAMIR SAHOO

JUDGEMENT

(1.) HEARD Mr. Anupam Rath, learned Additional Standing Counsel for the petitioner and Mr. R.N. Nayak, learned counsel for the opposite party.

(2.) THIS writ petition has been filed by the State against the judgment dated 26.6.2009 passed by the learned Additional District Judge, Mayurbhanj, Baripada in F.A.O. No. 23/1 of 2009 setting aside the final order of the Authorized Officer -cum -Assistant Conservator of Forests, Baripada Division passed on 10.12.2008 wherein the vehicle bearing Registration No.WB -33 -0356 of the opposite party has been confiscated to the State.

(3.) THE case of the opposite party is that the vehicle was transporting 19 numbers of logs of Mahua pieces on hire basis from Musabani Forest Range of Dhalabhum Forest Division to East Medinapur on the strength of the T.T. Permit No.455129 dated 26.8.2007 issued by the Forest Range Officer, Musabani Range after receipt of the loading certificate from the Forester Gudabandha with a passing hammer No.18 dated 26.8.2007 of Dhalbhum Forest Division. When the vehicle reached at Nuagaon Chhak under Sirsa Section it was intercepted by the Forester, Sirsa Section along with two forest guards. The driver produced the T.T. Permit along with the loading certificate and took the vehicle on the next morning to range office campus at Bangiriposi for verification of T.T. permit and the loaded timbers. On 27.8.2007, the forester told the driver that as the permit was written in Hindi and issued by the Range Officer of another State, the D.F.O., Baripada has been reported to consult the D.F.O., Dhalbhum to ascertain the genuineness of the permit and asked the vehicle to wait for 2 -3 days with the vehicle. After waiting for three days, on 30.8.2007, the driver left the range office for financial difficulties and again came back on 2.9.2007 and told the owner about the seizure of the vehicle.