SANTOSH KUMAR SAHOO Vs. AUTHORISED OFFICER CUM ASST

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS writ application has been filed challenging the order dated 5.3.2005 passed by the District Judge, Khurda at Bhubaneswar in M.A. No. 79 of 2000 (Annexure -9) confiscating the vehicle bearing Registration number OR -05 -E -5657. The appellate authority has confirmed the order passed by the Authorized Officer. The only point raised by the learned Counsel for the petitioner in this proceeding is that before confiscating the vehicle in question, no notice was given to the owner of the vehicle - Shri Santosh Kumar Sahoo.

(3.) PURSUANT to the said order, one Mr. B.S. Tripathy, Advocate appeared before the D.F.O. with a prayer for interim release of the vehicle. Such appearance of Mr. B.S. Tripathy seems to have been made on 18.5.2000. Thereafter, on 22.5.2000, the record was put up by the D.F.O. before the Authorised Officer -cum -Asst. Conservator of Forests and an application was made by Mr. B.S. Tripathy before the Authorised Officer on that date. The fact remains that a notice was issued before initiation of the confiscating proceeding on one Santosh Kumar Sahu, who affirmed an affidavit before the Executive Magistrate, Talcher to the extent that he was a student of Talcher College and he was not the owner of the vehicle in question. It was also stated by him in the said affidavit that he did not engage any advocate or pleader on his behalf to conduct the case before the Authorised Officer. Copy of the said affidavit is annexed as Annexure -A/2 to the counter affidavit filed by the State.