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.) THE aforesaid order of learned District Judge is under challenge before us by the State in W.P.(C) No.4798 of 2002. On the other hand when the Forest Officials did not release the truck pursuant to the aforesaid order of the District Judge, the owner of the truck has filed W.P.(C) No.4444 of 2002 to issue a direction for release of the truck.