CHITTARANJAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONERS in both the Writ Petitions, who are traders of plates, trays and cups made out of sal leaves, have challenged the legality and validity of the Resolution No. 5 F -C 74/99 -16744/F and E dated 27th September, 2002 issued by the Government of Orissa as at Annxure -2.

(2.) MR S.K. Das and Mr. D.P. Dhal, Learned Counsels for the Petitioners state that complex manual and mechanical process are involved in converting the sal leaves and siali leaves into plates, trays and cups and in the process of such manufacture alien articles like polythene, stitching materials, pasting materials etc. are used and, therefore, such plates, trays, cups no more remain forest produces. According to them, once the end product does not remain a forest produce, transit permit for its transportation is not necessary. In support of their contention Learned Counsels relied on the cases of Tej Bahadu Dube (Dead) by Lrs. v. Forest Range Officer F.S. (S.W.), Hyderabad, JT 2002 (2) 171 and Suresh Lohiya v. State of Maharashtra and Anr. 1996 (3) Crimes 149 (SC).

(3.) IN OJC Nos. 12626 of 2000 and 1763 of 2001, this Court took the view that plates, trays and cups made out of siali leaves come within the definition of 'forest produce' as on removal of stitches they again turn out to be leaves. This finding has not yet been reversed or modified by the Apex Court or larger Bench. Earlier also, this Court in Gangadhar Sahoo (supra) while analyzing a similar issue tool