GURU CHARAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India to quash the judgment dated 12-8-2003 passed by the learned District Judge, Sambalpur in FAO (Confiscation) Case No. 9 of 2003 (Annexure-2) confirming the order dated 10-2-2003 passed by the Authorised Officer-cum-Assistant Conservator of Forests, Khariar Division in O.R. Case No. 96-P of 2002 (Annexure-1) directing confiscation of the vehicle bearing registration No. HR-51-GA-0236 belonging to the petitioner.

(2.) Shorn of unnecessary details, the facts leading to the present writ application are as follows : The petitioner is the registered owner of the truck bearing registration No. HR-51-GA-0236 and he had engaged one Haradayal Singh as the driver of the said truck. On 20-1-2002 the said truck was found carrying 5025 Kgs. of processed kendu leaves without valid documents and T.T. permit for which the police authorities of Padmapur Police Station sezied the truck, kendu leaves, documents of the truck etc. and forwarded the same to the learned SDJM, Padmapur. The Range Officer, Padmapur approached the said court for handing over the seized articles to the forest officials on the ground that the truck was engaged in commission of forest offence. Learned S.D.J.M. Padmapur directed the police authorities to handover the seized truck, kendu leaves etc. to the forest authorities and accordingly those items were handed over to the Range Officer, Padmapur. The Range Officer seized the same and reported the matter to the Assistant Conservator of Forests, Khariar, who is the authorized officer for the area. The Authorised Officer started confiscation proreeding under Section 56(2) of the Orissa Forest Act, 1972, (in short, "the Act") and after conducting necessary enquiry in that proceeding he passed orders in Annexure-1 for confiscation of the aforesaid truck. Aggrieved by the said order the petitioner preferred an appeal before the District Judge, Sarnbalpur in FAO ( Confiscation) No. 9 of 2003. The said appeal having been dismissed and the order of confiscation under Annexure-1 having been confirmed, the petitioner has filed the present writ application with a prayer to quash the judgments in Annexures-1 & 2 and to direct release of the truck in question in his favour.

(3.) Ms. S. Ratho, learned counsel for the petitioner submitted that the order of confiscation noted in Annexures-1 and 2 are unsustainable as no material was available before the authorities to show that the truck in question was involved in commission of any forest offence. According to her, kendu leaves are minor forest produce and no permit as contemplated under the Orissa Timber and other Forest Produce Transit Rules, 1980, (in short, "the T.T. Rules") is necessary for movement within the district/unit and when the police officer, who seized the truck and the kendu leaves at Padmapur was not examined and there was no document to show that kendu leaves were being transported from Kantabanjhi in the district of Bolangir to the district of Bargarh, involvement of the seized truck in a forest offence was not established. Ms. Ratho also submitted that even otherwise the petitioner, who is the owner of the truck had no knowledge about transportation of kendu leaves on the truck by the driver and is therefore protected under Section 56(21)(c) of the Act.