PURNA CHANDRA PARIDA Vs. DISTRICT JUDGE, BHADRAK

JUDGEMENT

(1.) Whether the decision rendered by this Court in two of the earlier cases, i.e., Smt. M. Vijayalaxmi vs. Divisional Forest Officer-cum- Authorized Officer, Bhadrak (WL) Division, Bhadrak and another, 2010 2 OrissaLR 911 and Sri Ashok Kumar Sahoo vs. Forest Range Officer, Nayagarh and another, 2011 2 OrissaLR 566, is correct in view of the Resolution of the Government in Forest and Environment Department dated 27th September, 2002, is the question that arises for determination in the present Reference.

(2.) One Tata Ace bearing Registration No.OR-01-N-2201 was intercepted by the Mobile Staff of Wild Life Range at Dahanigadia. The vehicle was found loaded with 180 bundles of dry Sal leaf pressed plates. On demand, the driver of the vehicle could not produce any document regarding ownership over the said product nor could he produce the T.T. Permit authorizing transportation of the same. The vehicle was accordingly seized by the forest officials under Section 56 of the Orissa Forest Act, 1972 ("the Act" for short) and a Confiscation Proceeding was initiated on the allegation of commission of forest offence. The Authorized Officer, in the Confiscation Proceeding, directed for confiscation of the vehicle as well as the forest produce seized from the said vehicle. The matter was carried in appeal to the concerned District Judge, but the aforesaid order of confiscation was confirmed in the appeal obliging the petitioner to prefer the present writ application.

(3.) Before the Division Bench, reliance was placed on the decisions of this Court in the case of Gangadhar Sahu vs. State of Orissa and others,1990 32 OJD 565 , Muralidhar Sahu and 5 others vs. State of Orissa and others, 2003 1 OrissaLR 178, Chittaranjan Sahu and others vs. State of Orissa,2008 2 OrissaLR 1076, M. Vijayalaxmi vs. Divisional Forest Officer-cum-Authorized Officer, Bhadrak (WL) Division, Bhadrak and another, 2010 2 OrissaLR 911 and Sri Ashok Kumar Sahoo vs. Forest Range Officer, Nayagarh and another, 2011 2 OrissaLR 566. Learned counsel for the State also pressed into service Resolution of the Govt. of Orissa in Forest and Environment Department dated 27th September, 2002. The Division Bench, referring the matter, found that aforesaid Resolution of the Government dated 27th September, 2002 had been taken into consideration in the case of Chittaranjan Sahu and others , but in the latter decisions in the case of M. Vijayalaxmi and Sri Ashok Kumar Sahoo this Court had not taken into consideration the aforesaid Resolution of the Government dated 27th September, 2002. In view of such fact, the Division Bench doubted correctness of the decisions rendered in the case of M. Vijayalaxmi and Sri Ashok Kumar Sahoo , and referred the matter to the larger Bench to decide correctness of the view expressed in the aforesaid two judgments, especially with reference to the Resolution of the Forest and Environment Department, Govt. of Orissa dated 27th September, 2002.