BINODE BIHARI BISWAL Vs. AUTHORISED OFFICER-CUM-ACF

JUDGEMENT

(1.) This petition challenges the judgment dated 12.09.2018 passed by the learned District Judge, Angul in F.A.O. No. 01 of 2018, whereby and whereunder the learned appellate court dismissed the appeal and confirmed the order of confiscation of the tractor and trolley bearing Registration Nos. OD-19C-8542 and OD-19C-8543 respectively along with seized forest produce passed by the Authorised Officer-cum-Asst. Conservator of Forests, Angul (T) Division, Angul.

(2.) The brief facts necessary for disposal of the writ application are that on 14.04.2017, the then Range Officer, Chhendipada Range got reliable information about illegal transportation of timber from Patakamunda Revenue Forest. On the direction of the Range Officer, the Forester, Chhendipada and other forest officials proceeded to the spot. They noticed that a tractor and trolley bearing Registration Nos.OD-19-C 8542 and OD-19-C 8543 respectively were loaded with sal logs. Having seen the forest officials, the driver and other persons fled away from the spot. U.C. Pradhan, forester, seized the vehicle loaded with sal logs. Thereafter, U.D. Case No. 2 of 2017-18 was registered. After ascertaining the ownership of the vehicle, notice was issued to the petitioner, who is the registered owner of the vehicle. Since the petitioner could not produce any document in support of forest produce, the vehicle and the articles were seized. The Authorised Officer cum-Assistant Conservator of Forests, Angul (T) Division, Angul issued notice to the petitioner and enquired into the matter. During enquiry, five witnesses had been examined from the side of the prosecution. The petitioner examined himself as a witness. On an analysis of the evidence and other materials on record, the Authorised Officer came to hold that forest offence had been committed within the knowledge of the petitioner. Held so, he passed the order on 08.02.2018 confiscating the vehicle along with sal sizes. The petitioner unsuccessfully challenged the order of confiscation before the learned District Judge, Angul in F.A.O. No. 01 of 2018, which was eventually dismissed.

(3.) Heard Mr. B.K. Mohanty, learned counsel for the petitioner and learned Additional Standing Counsel for the opposite parties.