GURPARLAD SINGH Vs. DIVISIONAL FOREST OFFICER SAMBALPUR

JUDGEMENT

(1.) The Authorised Officer-cum-Assistant Conservator of Forests, Rairakhol Division by order dated 11-3-1994 (Annexure 1) directed confiscation of truck bearing registration No. MP-23-B-5595 belonging to the petitioner. Against the said order of confiscation made under Section 56 of the Orissa Forest Act, 1972, the petitioner preferred appeal before the learned District Judge, Sambalpur who after hearing dismissed the same by order dated 27-6-1996 (Annexure 2). The validity of the aforesaid two orders are under challenge in this application filed under Articles 226 and 227 of the Constitution of India.

(2.) Facts On 24-2-1993 at about 4.00 p.m. the Range Officer, Girishchandrapur getting information from the Range Officer, Uppermunda that a truck bearing registration number MWY 4731 with kendu-leaf bundles had been lying near Tikira rivulet near Gayapathar, rushed to the spot with members of his staff and found that the truck was stuck up in the loose sand of the river bed. There was no occupant in the truck. He seized the vehicle along with 833 bundles (weighing 33.33 quintals) of processed kendu leaves. He also found four fake registration number plates inside the truck with description bearing (i) ORA 0487, (ii) MP 23-B-5595, (iii) WGB 4725 and (iv) WBI 3526 and seized them. On further examination, he noticed that the seized truck had Chasis No. 34405. 21-30396 of Tata Make, Jamshedpur India Type 692102-Engine No. 146909. The truck was extricated from the river bed and brought to Baktideul. The Divisional Forest Officer, Rairakhol was intimated about the seizure of the truck with the kendu leaves and other articles. On 6-3-1993 the petitioner appeared before the Range Officer and claimed that the seized truck belonged to him and produced the R. C. Book of the truck bearing number 'MP-23-B-5595'. He expressed his ignorance of the incident. After verifying the engine and chasis number noted in the truck with reference to the R. C. Book, the Range Officer held that the real registration number of the truck is M.P.-23-B-5595 and not MWY 4731 which was the number plate attached to the vehicle at the time of detection. The Range Officer after completing the enquiry submitted prosecution report against the driver of the truck under Section 3 of the Orissa Kendu Leaves (Control and Trade) Act, 1961 and simultaneously submitted a report to the Authorised Officer for initiating confiscation proceeding against the petitioner under Section 56 of the Orissa Forest Act, 1972 (hereinafter referred to as 'the Act'). On the basis of the said report, the Authorised Officer-cum-Assistant Conservator of Forests initiated the confiscation proceeding and issued notice to the petitioner who appeared before him and pleaded that he had no knowledge about illicit transportation of kendu leaves in his truck. According to him, the driver Satrughna Dehury had been to Angul with the truck with his permission to utilise the same on hire during return journey. The driver later came and reported to him that the truck was stuck up in the loose sand of the river-bed and when he deputed the driver to extricate it, it was found that the same had been seized by the forest officials.In course of the proceedings, six witnesses were examined including the concerned Range Officer on behalf of the department. The petitioner examined one witness, namely, Harihar Pradhan who stated that on a request made by a man from Uppermunda to arrange a truck to carry a marriage party, he arranged the offending truck for the said person.

(3.) On the basis of the evidence, the Authorised Officer directed confiscation of the truck with the seized kendu leaves as per the impugned order (vide Annexure 1) by recording the following findings :(i) There is every reason to believe that transport of kendu leaves in the truck in question was from Sambalpur to outside the district or outside the State. It was thus, a clear case of commission of forest offence (vide para 14 of the impugned order).(ii) The driver had knowledge that transport of kendu leaves was unauthorised as it was not supported by any permit (vide para 14 of the impugned order); and (iii) The lower of the vehicle is vicariously liable for the wrong committed by his employee.The petitioner appealed against the above mentioned order of confiscation before the learned District Judge, Sambalpur who dismissed the same (vide Annexure 2).