BAIKUNTHANATH SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State.

(2.) This writ petition has been filed by the petitioner challenging the order dated 10.09.2015 at Annexure-1, passed by the Authorised Officer-cum-A.C.F., Keonjhar Division, Keonjhar in O.R. Case No. 108T of 2014-15 confiscating the tractor and trolley bearing Registration Nos. OR-09-M-5261 & OR-09-M-5262 respectively which has been confirmed by the learned Addl. District Judge, Keonjhar in F.A.O. No. 2/30 of 2016/2015 vide Annexure-2, to be illegal and arbitrary.

(3.) It appears that the aforesaid vehicle was seized by the forest officials of Telkoi Range as the same was allegedly used in transportation of granite stone measuring 50.0 cft. from a reserve forest without required transit permit. The forest officials after seizure of the same made enquiry and holding that forest offence appears to have been committed in respect of forest produce, placed the matter fore the Authorised officer-cum-A.C.F., Keonjhar Division, Keonjhar who after making necessary enquiry held a forest offence to have been committed in respect of forest produce using the aforesaid vehicle and confiscated the vehicle along with granite stone and other articles seized vide the impugned order at Annexure-1. The petitioner challenged such order of confiscation before the learned Addl. District Judge, Keonjhar in F.A.O. No. 2/30 of 2016/15 and the learned Addl. District Judge, Keonjhar vide order at Annexure-2 appreciating the materials on record and dispelling the contention raised on behalf of the petitioner that there was absence of knowledge or connivance in respect of commission forest offence in respect of forest produce, confirmed the order of confiscation.