STATE OF ODISHA Vs. SUMITRA ADHIKARI

JUDGEMENT

(1.) This writ application has been filed by the State of Odisha to set aside the impugned judgment and order dated 27.04.2016 passed by the learned District Judge, Sambalpur in F.A.O. No.26 of 2015 in setting aside the order dated 26.11.2015 passed by the learned Authorised Officer -cum- Divisional Forest Officer, Rairakhol Division passed in C.P.C. No. 2 of 2014-15 arising out of O.R. Case No.113C of 2015-16 of Charmal Range and directing that the vehicle of the opp. party bearing registration No.WB-19D-6903 be released in favour of the owner of the vehicle.

(2.) From the factual background, it appears that on 16.09.2014 on receipt of the reliable information regarding the transportation of processed Kendu leaves at Sanhindol, the Forester of Sansajal Sec. being accompanied by the Divisional Forest Staff conducted a night patrolling, during course of which, they found a truck bearing No.WB-19D-6903 loaded with huge quantity of Kendu leaves bundles in the jungle area. The driver and other occupants of the truck fled away from the spot leaving the truck there and on interception, 1077 bundles of Kendu leaves weighing 51.20 quintals were recovered. The truck along with Kendu leaves were seized and after completion of enquiry, P.R. was submitted by the Range Officer before the Authorised Officer -cum- Divisional Forest Officer, Rairakhol Division and accordingly, confiscation proceeding under Sec. 56 of the Orissa Forest Act was instituted.

(3.) In the confiscation proceeding, the learned Authorised Officer has been pleased to hold that the Forest offence has been committed for illegal transportation of 1077 bundles of processed Kendu leaves and the vehicle bearing registration No.WB-19D-6903 was used in illegal transportation of the processed Kendu leaves which is a forest produce and it was also established from the evidence and depositions recorded that the forest offence has been committed with full knowledge of the owner and the person-in-charge of the vehicle and the owner had not taken sufficient precautionary measures to avoid the involvement of her vehicle in the commission of forest offence. Accordingly, the learned Authorised Officer directed the seized vehicle bearing registration No.WB-19D-6903 with the seized Kendu leaves to be confiscated as per Sec. 56 of the Odisha Forest Act, 1972.