KURIL TIRIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner has challenged the order dated 28-8-2006 passed by the learned S. D. J. M., Angul in C. T. No. 1108 of 2006 rejecting his prayer for release of the Maruti Van bearing Registration No. OR-13-0242 in his interim zima.

(2.) The above noted Maruti Van which is under the registered ownership of the petitioner, was seized by the police authorities on 16-6-2006 at about 3.30 a.m. from the possession of Md. Imran, Md. Phiroj and Fakir Kansa when those persons were transporting 2.5 quintals of Kendu leaf in the said vehicle. After the seizure of the vehicle and Kendu leaf Nalco Nagar P. S. Case No. 56 of 2006 was registered for commission of offence under Ss. 379, 411/34 of the I. P. C., See. 4 of the Kendu Leaf Act and Sections 4, 14 and 21 of the Orissa Timber and other Forest Produce Transit Rules. The fact of seizure was intimated to the learned Magistrate, but the vehicle was given in the custody of the Forest Range Officer as the vehicle was involved in a forest offence and liable for confiscation under S. 56(1) of the Orissa Forest Act. When the matter stood thus, the petitioner filed an application under S. 457 of the Cr. P. C. to release the seized vehicle in his interim custody on the plea that he is the registered owner of the vehicle and the alleged offences were committed without his knowledge or consent. The State strongly resisted the prayer of the petitioner mainly on the plea that vehicle involved in commission of forest offences is not to be released during the pendency of the confiscation proceeding and that when confiscation proceeding is pending before the forest authorities the Magistrate in seisin of the criminal case has no jurisdiction to release the vehicle.

(3.) Learned S. D. J. M., Angul after hearing the learned counsel for the parties by the Impugned order rejected the prayer of the petitioner with the observation that during the pendency of the confiscation proceeding he cannot assume jurisdiction to release the vehicle and that the vehicle involving commission of forest offence is not to be returned to the party liberally as that would encourage commission of forest offence resulting ultimately in destabilization of the environment and society.