ANATHA BANDHU MANDAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present writ petition is directed against the appellate order passed by learned District Judge, Sambalpur in F. A. O. No. 29 of 2010 confirming the order of confiscation passed by the learned Authorized Officer -cum -A. C. F. , Rairakhol Forest Division under Section 56 of the Orissa Forest Act in C. P. C. No. 10/09 -10.

(2.) THE facts relevant for disposal of this writ petition is as follows: -

(3.) THE present petitioner is the registered owner of the aforesaid truck bearing Registration No. WB -33A -5229. On receipt of notice, he appeared and participated in the proceeding. In course of the proceeding, prosecution examined four witnesses, out of whom P. W. 1 Krushna Chandra Dalabehera is the Forester, who intercepted the vehicle found to be loaded with Kendu leaves and seized the same and P. W. 2 is the Range Officer, Rampur. The present petitioner examined himself as O. P. W. 1. On consideration of the materials on record, learned Authorized Officer passed order for confiscation of the truck obliging the petitioner to move the learned District Judge, Sambalpur in appeal.