GOPINATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this petition filed under Arts. 226 and 227 of the Constitution, the petitioner, the owner of the motor truck bearing registration No. ORP 1346, has challenged the order of confiscation passed by the Authorised Officer -cum -Assistant Conservator of Forests, Ghumsur South Division, Under Section 56 of the Orissa Forest Act, 1972. He has also challenged the order passed by the Court of District Judge, Ganjam, in the appeal filed against the above order.

(2.) ON 21 -6 -1977 at about 2 -15 a. m., the mobile party of the Government of Orissa attached to the office of the Divisional Forest Officer, Bhanjanagar, noticed to above motor truck proceeding in the direction of Digapahandi from the side of Godahada dam project. It was found to be carrying 5000 pieces of green salia and pananali bamboos. On demand, neither the driver Nimai Charan Panda, nor the persons found in the truck could produce any pass or permit authorising them to carry forest produce in the said truck. The forest officials, there - fore, seized the said truck along with the forest produce on a reasonable belief that in respect of the aforesaid forest produce, a forest offence has been committed. The Authorised Officer them initiated proceedings Under Section 56 of the Act against (1) Gopinath Sahoo, the owner of the truck ; (2) Nimai Charan Panda, the driver of the truck ; (3) Dandapani Das, the cleaner of the truck ; and (4) Padma Charan Panigrahi.

(3.) WHAT is contended by the learned counsel for the petitioner is that bamboos cannot be regarded as forest produce, and, therefore, the order passed by the Authorised Officer should be regarded as illegal. In our opinion, there is no substance in the contention. 'Forest produce' is defined by Section 2(g) of the Act as under : '2(q). forest produce' includes - (i) the following whether found in, or brought from a forest or not, that is to say - (a) timber, charcoal, caoutchous, catechu, wood -oil, resin, natural varnish, bark, Tussar Cocoon, lac, gums, roots of Patal Garuda, mahua flowers, mahua seeds, myrabolams, kendu leaves, sandalwood, tamarind, hilt -broom, sial leaves, sial fibres, sal seeds . (b) wild animals and wild birds, skins, tusks, horns, bones and all other parts or produce of wild life ; and (c) such other produce as may be notified by the State Government ; and (ii) the following when found in or brought from a forest, that is to say - (a) trees and leaves, flowers and fruits and all other pasts or produce o1 tree not hereinbefore mentioned ; (b) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants; (c) honey, wax and arrowroot; (d) peat, surface oil, rock, sand and minerals including limestone, laterite, mineral oils and all products of mines or quarries);' Trees when found in or brought from the forest are included in the definition of 'forest produce'. According to the definition, 'tree' includes palms; bamboos, stumps, brushwood and canes, Thus, the bamboos brought from the forest must be regarded as forest produce. The learned District Judge was, therefore, right in coming to the conclusion that bamboos which were seized were forest produce as contemplated by the Act.