GANGADHAR SARANGI Vs. STATE OF ORISSA & ANOTHER

JUDGEMENT

(1.) W.P.(C) No.772 of 2010 has been filed by the owner of the Mini Trick (TATA-407) bearing Registration No.OR-01- 8151 assailing the order in C.P. Case no.5 of 2004-05 arising out of OR No.2 BP of 04-05 passed by the Authorized Officer-cum-Asst. Conservator of Forests, Bhadrak Wildlife Division, Bhadrak vide Annexure-1 as well as the order of the learned Additional District Judge, Balasore in F.A.O. No.97/68 of 2009/2005. Whereas the W.P.(C) No.22689 of 2010 has been filed by the petitioner namely Jadumani Behera claiming to be the owner of the timber seized in the process of seizure involved herein from the Mini Truck bearing Registration No.OR-01-8151, assailing the order vide Annexure-2 passed in C.P. Case no.5 of 2004-05 arising out of OR No.2 BP of 04-05 passed by the Authorized Officer-cum-Asst. Conservator of Forests, Bhadrak Wildlife Division, Bhadrak as well as the judgment passed by the learned Additional District Judge, Balasore in FAO No.97/68 of 2009/2005 on 21.11.2009 vide Annexure-3. Both the impugned orders emanated involving a proceeding U/s. 56 of the Orissa Forest Act, 1972 and concluded by the order of the Authorized Officer-cum-Assistant Conservator of Forest for confiscation of the Mini Truck involved herein along with timbers and the order being confirmed by the judgment passed by learned Additional District Judge, Balasore in FAO involved herein.

(2.) Short background involved in both the writ petitions are, on 9.11.2004 a Mini Truck (TATA-407) bearing registration No.OR-01-8151 carrying Sal and Kasi to the volume of 47.715 CFT moving from Manjuri Road to Akhuapada side was detected by the Bhandari Pokhari Police at Tesingu near embankment of river Baitarani. On being asked to produce the document for transportation of the Timber contained therein, the Driver did not produce any such document. As a consequence, the Police seized the vehicle for illegal transportation of timber and arrested three persons. Thereafter, the Police handed over the seized produces with the vehicle and accused persons to the Range Officer, Bhandari Pokhari (Wild Life) Range for action under Forest Law as the offence involved was coming under the Forest Law. As per the direction of the Range Officer, the Forester received the seized produces with vehicle as well as the accused persons and a re-seizure of the articles as well as the vehicle was made following the provisions contained in the Orissa Forest Act, 1972 hereinafter in short called as "the Act, 1972". During course of inquiry, for the accused persons failing to produce any valid document and finding offence involved an illegal transportation of the Sal and Kasi timber, it is, at this stage, the owner of the vehicle got involved in the proceeding. Consequent upon finding the timber under seizure coming under the definition of Section 2(6) of the Act, 1972 and being dissatisfied with the explanation of the owner of the vehicle, a case was registered U/s.56 of the Orissa Forest Act, 1972 and the proceeding was undertaken by the Authorized Officer for trial. In the trial, getting into inquiry as required under law and on recording of the statements of the persons implicated as well as the Forest Department persons involved therein, it was ascertained that while the driver indicated that the transportation of the timber seized was made following the direction of the owner, the owner stated that the transportation of the timber have been done by his driver, which is without his knowledge.

(3.) Considering the rival contentions of the parties and basing on the materials available on records as well the statement of the driver in the cross examination admitting that the owner of the vehicle Gangadhar Sarangi had good knowledge about transportation of the forest goods, further observing that parties failed to produce the T.T. permit for transportation of the materials involved, the Authorized Officer-cum-Asst. Conservator of Forests, Bhadrak Wildlife Division, Bhadrak observed that not only there involves an offence U/s.56 of the Act, 1972 but there also connivance of the owner of the vehicle in the incident. As a consequence by the order vide Annexure-1 involving W.P.(C) No.772 of 2010, the Authorized Officer-cum-Asst. Conservator of Forests while allowing the C.P. Case bearing No.5 of 2006-05, while directing for confiscation of both the timbers as well as the vehicle bearing No.OR-01-8151 to Government also directed for disposal of both the items as per the Rules after the period of appeal is over. On Appeal by the owner alone, the matter was registered as FAO no.97/68 of 2009/2005. The Appeal was ultimately taken up for final hearing by the Additional District Judge, Balasore who by his judgment dated 21.11.2009 while confirming the order of the Authorized Officer-cum-Asst. Conservator of Forests, dismissed the appeal resulting the present writ petitions.