JYOTSHNA MOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant is the owner of a furniture shop dealing with manufacturing of steel and wooden furniture and supply of sawn sizes wood. The appellant has also obtained registration certificate from the District Industries Centre, Cuttack, as well as licence from the State and Central Sales Tax Department. The appellant procured raw materials for wooden furniture from the local saw mills and from outside the State with genuine documents, such as, cash memo and timber transit permit. On 10.10.2001, the Vigilance and Forest staff conducted raid in the house premises of the appellant and seized wooden furniture and sawn sizes sal wood. Accordingly, a seizure list of furniture pertaining to O.R. Case No.50C of 2001-02 was prepared. Though the appellant was called upon, she could not produce documents in support of storage of sawn sizes wood, for which confiscation proceeding under Section 56 of the Orissa Forest Act, 1972 was initiated against her. the Authorized Officer, after completion of inquiry in the confiscation proceeding, vide order dated 13.06.2006, while directed that the furniture seized to be released in favour of the appellant, held that there was no supporting documents for keeping the seized timbers by the appellant in her house premises and, as such, there was violation of Rules-4, 12, 14 and 21 of the Orissa Timber and Other Forest Produce Transit Rules, 1980 and confiscated the seized timbers.

(2.) Being aggrieved by the order dated 13.06.2006 passed by the Authorized Officer under Section 56 of the Orissa Forest Act, 1972, the appellant preferred appeal registered as FAO No.119 of 2006 before the learned District Judge, Cuttack, who, by order dated 10.08.2007, confirmed the order of confiscation issued by the Authorized Officer, holding that the contention of the appellant that she had kept the seized timbers with T.T. permit was contrary to the materials on record and no convincing material was there in support of her contention.

(3.) Challenging the order dated 10.08.2007 passed by the learned District Judge, Cuttack in FAO No.119 of 2006, the appellant filed W.P.(C) No.9891 of 2008 and after due adjudication the learned Single Judge, vide order dated 10.02017, dismissed the writ petition conforming the order of confiscation passed by the Authorized Officer on 106.2006, which was also confirmed by the learned District Judge, Cuttack vide order dated 10.08.2007 in FAO No.119 of 2006.