ABDUL SALAM BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner has challenged order dtd. 7/11/2006 passed by respondent No.2(Authorized Officer), whereby vehicle bearing No.JKC8937 and the timber found therein have been confiscated. Petitioner has also challenged order dtd. 31/10/2007 passed by Principal Sessions Judge, Budgam, whereby the aforesaid order of the Authorized Officer has been upheld.

(2.) Th facts emerging from the record are that on 5/7/2006, vehicle bearing No.JKC-8937 belonging to the petitioner was seized by the staff of the Forest Department at Gusoo as the said vehicle was found carrying illicit timber (Deodar 20 Nos.=13.11 Cfts). Petitioner approached the Authorized Officer through the medium of an application dtd. 5/7/2006 seeking release of the seized vehicle and the timber. The Authorized Officer vide his communication dtd. 10/7/2006 submitted his report with regard to initiation of confiscation proceedings under Sec. 26 of the Forest Act to Chief Judicial Magistrate, Budgam.

(3.) It appears that the Authorized Officer published notices on a couple of occasions in daily newspapers inviting objections from the interested persons and informing the public about the date of hearing. When nobody appeared before the Authorized Officer, the order of confiscation of seized vehicle and the timber was passed by the said Authority on 7/11/2006.