STATE OF ORISSA Vs. P P AGRAWALA

JUDGEMENT

(1.) This writ petition has been filed by the State challenging the judgment and order of the learned District Judge, Bolangir in Misc. Judicial Appeal No. 2 of 1991 setting aside the order dated 28-5-1990 passed by the Authorised Officer-cum-Divisional Forest Officer, Bolangir Forest Division in case No. OP 212 of 1989-90. The Authorised Officer, by his aforesaid order passed under Section 56 of the Orissa Forest Act (for short, "the Act") had confiscated 438 pieces of green bamboo together with the vehicle bearing registration number OPS 3316, alleged to have been used in the commission of the forest offence.

(2.) Briefly stated, the facts are as follows :-The Forestor, Deogaon, while on petrol duty on 16-10-1989, intercepted the truck in question near village Sikuan on Goibahal-Bhutiarbahal road. It is alleged that the truck was carrying 438 pieces of green bamboo without valid transit permit. The truck was brought to Deogaon and was seized. A copy of the seizure list was given to the driver, who gave out his name as Ramesh Behera, son of Chandra Behera of Saintala the report of seizure was sent by the Forestor to the Sub-divisional Judicial Magistrate, Bolangir with intimation to the Divisional Forest Officer, Bolangir. The custody of the seized property was, however, given to a Forest Guard. It is also alleged by the prosecution that the driver of the truck took permission of the Forestor to attend the call of nature and slipped away to Tusura where he lodged a report before the Officer-in-charge of the said police station alleging that the truck, which was empty, was forcibly detained by the Forestor. It is further alleged that between 8.30 and 9.00 p.m. the driver along with the Sarpanch of the locality went to Deogaon and enquired about the Forestor, but he was not available. Therefore, the driver went to the Forest Guard at Kendu Leaf Central Godown and told him in presence of the other staff that he would take his bag and personal belongings from the truck so saying, he entered into the truck and asked the Forest Guard to fetch a glass of water. After the Forest Guard had gone to bring water, he started the truck and took it away along with the forest produce, i.e., the bamboo pieces. At Deogaon P.W.D. Inspection Bangalow, he unloaded the bamboos and filed a diary in Tusura Police Station that no forest staff was present at Deogaon and that his truck, for which no seizure list was given to him, was taken by him to Tusura. The Forestor also reported the matter to the office-in-charge of the said police station, who started a case, being Tusura police station case No. 110/89 under Section 379, IPC. According to the prosecution, the driver gave two different names at two different times, but his actual name is Nadia Kishore Behera (opposite party No. 3). Pooran Prasad Agrawala (opposite party No. 1) is the owner of the truck.

(3.) We have heard learned Counsel for the parties.