STATE OF ORISSA Vs. NIRMAL DAS

JUDGEMENT

(1.) On the request of the parties, both the writ petitions are heard and disposed of analogously.

(2.) O. R. Case No. 34 of 2001-2002 was initiated under Section 56(2-a) of Orissa Forest Act, 1972 (in short 'the Act') for confiscation of a Mini Truck bearing Registration No. OR-01-6151 and the timber and woods seized from that truck in transit on 19-2-2002 on National Highway No. 5 near R. M. C. Check gate, Balasore. The owner of the truck advanced the plea that the aforesaid transportation was made without his knowledge and consent and as against his instruction and, therefore, he is not liable for the mistake committed by the driver. He further stated that the driver of the truck was misled by the owner of the timber that said person had the authority to carry/ transport such articles.

(3.) Before the authorized officer, department examined two witnesses to prove the factum of detection and seizure and absence of any valid permit or order from competent authority to transport the seized logs and wood. The owner of the truck on the other hand examined three witnesses, i.e. himself as O.P. W. No. 1, the driver O.P.W. No. 2 and the owner of the seized goods O.P.W. No. 3. O.P.W. No. 1 stated that he was ignorant about the act of the driver loading and transporting the illegal timbers. O.P.W. No. 2 stated in his evidence that because of ignorance of law by him relating to requirement of Timber Transport Permit, he transported the logs on the statement of O.P.W.No. 3 that such logs were cut and removed from his recorded holding O.P.W. No. 3 stated in his evidence that the seized logs and wood were from the free belonging to him and felled for sale to meet the marriage expenses of his sister and that he was carrying the same to Balasore for the purpose of sale. On appreciation of such evidence, the Authorized Officer found breach of Rules 4, 12 and 14 of the Orissa Timber and Other Forest Produce Transit Rules, 1980 (in short 'the Rules') constituting Forest Offence and accordingly passed order for confiscation of the seized logs equivalent to 55.39 Cft. and the aforesaid Mini Truck. Owner of the truck challenged that order of confiscation in the Court of District Judge, Balasore in Misc. Appeal No. 50 of 2002. In the impugned judgment delivered on 11-7-2002, learned District Judge, Balasore set aside the order of confiscation on the grounds that :