DIVISIONAL FOREST Vs. DISTRICT JUDGE

JUDGEMENT

(1.) IN this writ application order passed by the learned District Judge, Keonjhar in an appeal directed against the order of Authorised Officer -cum -Divisional Forest Officer, Keonjhar (in short 'Authorised Officer') rejecting prayer for release of the vehicle (a jeep) bearing registration No. ORX 681 In terms of Section 57 of the Orissa Forest Act, 1972 (in short, 'the Act') is under challenge.

(2.) FACTUAL position is undisputed, and detailed reference to it is unnecessary. The aforesaid vehicle was seized on 20 -2 -1994 by the officials of Forest Department on the allegation that it was carrying 167 pieces of Bija Sawn timber and one piece of Kasi sawn timber. A proceeding was Initiated before the Authorised Officer. Prayer was made for interim ralease of the vehicle in terms of Section 57 of the Act, by the owner of the vehicle. The prayer was rejected. An appeal was carried before the learned District Judge, which was numbered as Miscellaneous Appeal No. 39 of 1994. By the impugned order, the miscellaneous appeal was allowed and release of the vehicle was directed.

(3.) STAND of the learned counsel for State in support of the application is that the appeal was misconceived, and in any event the learned District Judge had no power to direct release of the vehicle during pendency or a confiscation proceeding, Mr. P. Palit, learned counsel appearing for the applicant few release of the vehicle submitted that the ratio of the aforesaid reported case is squarely applicable to the facts of the present case, and therefore, the order passed by the learned District Judge needs no Interference.