RASPAL SINGH Vs. STATE OF ODISHA AND ANOTHER

JUDGEMENT

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

(2.) The petitioner in this writ petition has challenged the judgment and order dated 03.03. 2017 passed by the learned 1st Addl. District Judge, Baripada in FAO No. 14 of 2015 directing to keep the vehicle in question of the petitioner in the custody of the Forest Range Officer, Deuli Range till conclusion of the trial in 2 (b) CC No. 51 of 2013 or the order directing the disposal of the same is received from the competent trial Court, while setting aside the order of confiscation dated 27.01.2015 passed by the Authorised Officer-cum-D.F.O., Baripada Forest Division in O.R. Case No.1070 of 2012-13 as the aforesaid criminal prosecution was pending for alleged commission of forest offence against him.

(3.) Considering the facts and submissions made, especially the fact that Section 56 of the Orissa Forest Act, 1972 is not dependent on the result of a criminal prosecution and as such the release of the vehicle being not dependent on the criminal trial, the impugned order cannot be sustained. Hence, this Court set aside the aforesaid part of the impugned order passed by the learned 1st Addl. District Judge, Baripada directing to keep the vehicle in custody of the Forest Range Officer concerned.