SABITA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this writ petition to quash the judgment and order dated 12.09.2008 passed by the Authorized Officer-cum-Asst. Conservator of Forests, Athmallik Forest Division in C.P. Case No.04 of 2007-08 (arising out of O.R. Case No.160 H of 2007-08) in Annexure 3, which has been confirmed vide judgment and order dated 30.11.2010 passed by the learned District Judge, Dhenkanal in F.A.O. No.39 of 2008 under Annexure-4.

(2.) The factual matrix of the case, in hand, is that on 21.10.2007 at about 5 A.M., the Forester, Handapa Section, in presence of other forest staff and independent witnesses, seized one vehicle (Bolero) bearing registration No. OR 05 A4042 carrying 122 bundles of Kendu leaves weighing 5.73 quintals illegally, but accused persons fled away from the place of seizure. Accordingly, U.D. case No.21-H of 2007-08 was registered. During enquiry, it was found that petitioner is the owner of the vehicle and one Manoj Samal of village Sainbiri, District-Dhenkanal was the driver of the aforesaid vehicle. Hence, the said U.D. case was converted to OR case No.160 H of 2007-08. The seized kendu leaves and the vehicle were kept under the custody of Rahas Sahu, Forester. During enquiry, he recorded the statements of Prasanna Kumar Pradhan, Forester Bamur; Kartikeswar Sahu; Sudhir Kumar Sahu and the petitioner-Sabita Das, owner of the vehicle. After due enquiry, the Range Officer, Handapa submitted Offence Report for violation of Rule 4 of the Orissa Timber and Other Forest Produce Transit Rules, 1980 and Section 3 of Orissa Kendu leaves(Control of Trade) Act, 1961 punishable under Section 14 of the said Act and requested to initiate confiscation proceeding under Section 56 of Orissa Forest Act, 1972. After inspecting the vehicle, along with seized produce, and believing that prima facie evidence existed in the case, the confiscation proceeding under Section 56 of Orissa Forest Act, 1972 was initiated. Show cause notice was issued to the petitioner and driver of the vehicle, Manoj Samal, vide memo nos.527 and 528 respectively, on 16.02.2008. The show-cause notice to the driver returned with the postal remark "insufficient address". The petitioner submitted her reply stating that she had engaged Manoj Samal as the driver of her Bolero since September, 2007 on monthly payment basis. On 19.10.2007, the driver took the vehicle to Cuttack for major repair, but he did not return on that day. On 20.10.2007, she and her husband decided to lodge F.I.R. at Paradeep Police Station, but the I.I.C., Paradeep Police Station instructed her to search for the driver. On 28.10.2007, she read from the news paper "The Samaj" that a Bolero vehicle of Paradeep had been seized by Forest Department at Athmallik. Then, she lodged an F.I.R. in this regard at Paradeep Police Station. She further stated that the driver had used the vehicle for illegal purpose without her knowledge. Hence, she prayed for release of her vehicle.

(3.) The Authorized Officer-cum-Asst. Conservator of Forests, Athmallik Forest Division, vide judgment and order dated 12.09.2008 passed in C.P. Case No.04 of 2007-08 (arising out of O.R. Case No.160 H of 2007-08) in Annexure3, confiscated the seized vehicle as well kendu leaves under Section 56 of the Orissa Forest Act. Against the said order, the petitioner preferred F.A.O. No.39 of 2008 before the learned District Judge, Dhenkanal, who, vide judgment and order dated 30.11.2010 confirmed the order passed by the Authorized Officer-cum-Asst. Conservator of Forests, Athmallik Forest Division. Hence this application.