BISWAKESHA MOHAPATRA Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) HEARD Mr. J. Sahoo, learned counsel for the petitioner, and Mr. Routray, learned Addl. Govt Advocate, for the State.

(2.) PETITIONER 's case is that he is the owner of an Ambassador car bearing registration No.WNC -6620. The said car was seized on 18.7.2002 at 6.30 a.m. on the allegation that it was carrying sawn Sal sizes of 32 nos. equivalent to 9.04 Ctf. illegally. U.D. Case No. 6 of 2002 -2003 was registered at Nayagarh Range and confiscation proceeding was initiated. The petitioner filed an application under Section 57 of the Orissa Forest Act for interim release of the said vehicle pending confiscation proceeding. The Authorised Officer, Nayagarh Division, rejected the said prayer for interim release by order dated 18.10.2002 on various grounds and also relied upon the decision of the Supreme Court in Criminal Appeal No. 668 of 2000 in which it has been held that when any vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not normally be returned to a party till culmination of all the proceedings in respect of such offence.

(3.) CONSIDERING all aspects of the matter, we dispose of this writ petition with the direction that on the petitioner furnishing a cash security or rupees thirty thousand and property security of rupees seventy thousand to the satisfaction of the Authorised Officer, Nayagarh Division, the said vehicle will be released in favour of the owner of the vehicle within three days of such furnishing of cash and property security. The petitioner will also furnish a bond in terms of Section 57 of the Orissa Forest Act that he will produce the vehicle as and when required by the Authorised Officer or by the Magistrate trying the offence in the said confiscation proceeding or the trial of the offence. Urgent certified copy of the order be granted.