PADMABATI LENKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application has been filed challenging the order dated 7-10-2005 passed by the Addl. District Judge (F.T.C.), Baripada, dismissing F.A.O. No. 8/23 of 2005. The said appeal was filed challenging an order dated 24-5-2005 passed by the Authorised Officer-cum-Asst. Conservator of Forests, Baripada Division, im O. R. Case No. 19-R of 2004-2005.

(2.) The material facts of the case are that the petitioner is the owner of a Mahindra Pick Up Van having registration No. OR-IF/4229. The said van was seized on 29-7-2004 by the forest authorities at P.W. D. Road (Rasgovindpur to Amarada) near Sarumulla. Pursuant to such seizure of the vehicle, a prosecution report was submitted by the Forester, Rasgovindpur section for initiation of a confiscation proceeding under Section 56 of the Orissa Forest Act (hereinafter referred to as the 'Act').

(3.) The allegations of the opposite parties are that at about 1.00 p.m. on 29th July 2004 the said van was seized with 450 bundles of sal leaves weighing around four quintals by the officials of the forest department in the presence of the Executive Magistrate and a seizure list was prepared whereupon a prosecution report was submitted in respect of unauthorized carrying of Sal leaves by violating of the provisions of Rr. 4, 12 and 14 of Orissa Timber and Other Forest Produce Transit Rules, 1980 (hereinafter referred to as 'O.T.O.F.T. Rules'). On the basis of such unauthorized transit of sal leaves, which, according to the opposite parties, were forest produce, a case was initiated and the same was submitted by the Forest Range Officer, Rasgovindpur Range, Morada-II to the Divisional Forest Officer, Baripada Division, Baripada, for trial under Section 56 of the said Act. The said case was numbered as O.R. Case No. 19-R of 2004-05. Accordingly, a show cause notice was issued by the Authorised Officer. At that stage a writ petition was filed by the petitioner before this Court bearing W.P. (C). No. 8872 of 2004. In the said writ petition a prayer was made for a direction to the authorities to release the seized vehicle of the petitioner. In the said writ petition seizure of the vehicle was challenged and one of the contentions which was raised in the said writ petition is that for the alleged transportation of Sal leaves no Timber Transit Permit is necessary in view of the provisions of Rule-2(1)(h) read with Rule 5(1) of the Rules. The said writ petition was disposed of by a Division Bench of this Court on 5-10-2004. The learned Division Bench while considering the petitioner's case was pleased to dispose of the petition with a direction to the Authorised Officer-cum-Asst. Conservator of Forest, Baripada Division, Mayurbhanj to dispose of the confiscation proceeding within a period of two months from the date of receipt of a copy of their Lordship's order provided that the petitioner filed his reply to the show cause within a period of two weeks and effectively participates in the proceeding. The Authorised Officer was also directed to provide an opportunity of hearing to the petitioner and pass a speaking order.