DAYAL TRADING CO Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two criminal revisions arise out of 2(b) CC Case No. 44/TR 309 of 1988 of the Court of Judicial Magistrate, Madanpur-Rampur. They were heard analogously and are disposed of by this order.

(2.) The petitioner is the owner of a saw mill and deals with timber. Officers of the Forest and Police (Vigilance Departments raided the saw mill premises on 9-4-1988 and seized a huge quantity of round logs, sawn sized timber, documents and accounts valued at several lakhs of rupees by seizure-list (Annexure 1). Later a prosecution report was submitted in court on the allegation that the petitioner had committed offences under Section 45 of the Orissa Forest Act (hereinafter referred to as 'the Act'), R.4 of the Orissa Timber and other Forest Produce Transit Rules, 1980 and R.14(A) of the Orissa Forest Saw Pits and Saw Mills (Control) Rules, 1980 (hereinafter referred to as the "Transit Rules" and "Saw Pits and Saw Mills Rules"). During the pendency of the case the petitioner applied for release of the logs and timber in his favour and the learned Judicial Magistrate by order dt. 23-12-1988 directed release of the seized sleeper wood logs subject to furnishing of cash security of Rs. 1,00,000/-. Obviously, the petitioner has not made the cash security deposit.

(3.) Mr. M. Jain, learned counsel appearing for the petitioner raised the following contentions :- (1) On consideration of the prosecution report, as well as the seizure-list, and accepting the entire case of the prosecution as true no case has been made out and so the prosecution is liable to be quashed; and (2) In any view of the matter direction for deposit of cash security of Rs. 1,00,000/- is unreasonably high and so the petitioner should have been directed to offer property security. The contentions require examination.