SAILABALA BECK Vs. AUTHORISED

JUDGEMENT

(1.) HEARD Shri Udgata for the Petitioners and the learned AdditionalGovernment Advocate for the opposite parties.

(2.) ON 21.1.2001 Maruti Van bearing registration number Or -05 -D -2600 was intercepted by the Forest Officials at Padampur Chhak. It was found that the vehicle was carrying hand -sawn sizes of Piasal, Gambhar and Asan (38 pieces i.e. 20.94 cft). The driver of the vehicle was arrested along with the timber. Confiscation proceeding was taken up by the Authorised Officer who after giving due opportunity to all concerned passed an order on 14.9.2001 directing confiscation of the vehicle. He held that there was illegal transportation of timber without any valid document which is in violation of Rules, 4, 5 and 12 of the O.T.T. Rules, 1980. He also held that the involvement of the driver of commission of the forest offence has been proved. Considering the statements of the owner of the vehicle and others, he held that it cannot be ruled out that the forest offence had been committed with the knowledge of the owner or her brother who had not taken sufficient precaution against involvement of the vehicle in commission of forest offence. The owner preferred appeal before the learned District Judge who by order dated 11.1.2002 dismissed the appeal. Hence this writ petition by the owner of the vehicle.

(3.) SHRI Udgata, however, contended that a Bench of this Court in Gurudev Singh Rai v. Authorised Officer -cum -Assistant Conservator of Forests, AIR 1992 Orissa 287 held that in a given case fine can be imposed in lieu of confiscation of the vehicle by taking into account the price of the timber illegally transported, Learned Additional Government Advocate submitted that against the said decision, the State has filed Civil Appeal No. 43 of 1993 in the Supreme Court and stay of operation of the order has been granted.