GOPAL DASH Vs. STATE OF ORISSA & OTHERS

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner has challenged, inter alia, the judgment dated 14.03.2017 passed by the learned District Judge, Keonjhar in FAO No.07 of 2016. By the said judgment, learned District Judge dismissed the appeal; thereby confirmed the order dated 29.04.2016 passed by the learned Authorized Officer-cum-Asst. Conservator of Forests, Keonjhar Division, Keonjhar in OR Case No.102G of 2013-14 and confiscated the Bolero bearing registration number OR-09-P-0207 along with 42 pieces of sal sizes under Sec. 56 of the Orissa Forest Act, 1972 (in short, "the Act").

(2.) The issue involved in this appeal lies in a very narrow compass. The necessary facts of the case for deciding the issue are :

(3.) Pursuant to issuance of notice, the petitioner entered appearance and filed a show cause stating that he is the registered owner of the vehicle. The vehicle was sold to one Sankhali Mohakud by means of an agreement dated 15.4.2013. The petitioner availed the loan. It was agreed upon between the parties that the balance amount shall be paid to the financer by Sankhali Mohakud. The petitioner instructed Sankhali Mohakud not to use the vehicle for illegal transportation of timber or carry any contraband articles. It was further stated that he was not present at the spot. He had no knowledge about the commission of offence. In the confiscation proceeding, five witnesses were examined by the prosecution. The defence had examined four witnesses. The authorized officer came to hold that the forest offence had been committed. The owner of the vehicle had not taken any reasonable precaution against commission of forest offence. He had engaged the vehicle for illegal transportion of the timber. Held so, he directed that the vehicle bearing registration number OR-09-P-0207 and sal sizes 42 pcs. equivalent to 14.0 cft. be confiscated to Government of Odisha. Unsuccessfully petitioner filed FAO No.07 of 2016 before the learned District Judge, Keonjhar, which was eventually dismissed.