STATE OF ORISSA REPRESENTED BY THE DIVISIONAL FOREST OFFICER-CUM-AUTHORISED OFFICER Vs. PANDABA PATRA

JUDGEMENT

(1.) THIS writ petition has been filed by the Divisional Forest Officer -cum -Authorised Officer, Ghumsur South Division, Bhanjanagar in the district of Ganjam, challenging the judgment passed in September, 1995 in Misc.Appeal No.76 of 1994.

(2.) A brief narration of the relevant facts would suffice in the context on which this writ petition has been filed.

(3.) LEARNED Standing Counsel argues that the aforesaid judgment of the District Judge no doubt gains support from the above noted citations but that is contrary to the statutory provision in Section 56 and the case of State of Karnataka v. K. Krishnan, A.I.R. 2000 S.C.2729. He further argues that in view of the legal position stated in the cases of Sri Uday Chandra Pattnaik v. State of Orissa and others, 2005 (I) OLR 132 and State of Jharkhand and another v. Govind Singh, A.I.R. 2005 S.C. 294, order of imposition of fine in lieu of confiscation is impermissible.