MOHD. ASHRAF DAR Vs. STATE OF J&K

JUDGEMENT

(1.) FINISHED and unfinished Willow Clefts belonging to Shams-ud-Din proprietor of M/s Shah Hamdan Willow Clefts and Cricket Bat, Dogripora Pulwama, loaded in Truck Nos. JK13A/4510, JK13B/4498 and JK03B/9023 belonging to Mohd. Jabar Dar, Mohd. Ashraf Dar and Ghulam Hassan Dar respectively, were intercepted by Deputy Director Forest Protection Force, Jammu, at Sidhra-Jammu. Finding that the Willow Clefts were being transported for their export out of State, the Deputy Director, Forest Protection Force, Jammu, informed the Divisional Forest Officer, Forest Division Jammu of the seizure of Willow Clefts and Trucks.

(2.) THE Divisional Forest Officer, Forest Division Jammu, the authorized officer under the Willow (Prohibition on Export and Movement) Act 2000, held confiscation proceedings on the seizure report of Deputy Director Forest Protection Force and vide his orders dated 04. 04.2012 ordered confiscation of the Trucks along with finished and unfinished Willow Clefts finding that these were being exported out of the Jammu and Kashmir State, an act forbidden under Willow (Prohibition on Export and Manufacture) Act, 2000. Appeals preferred against the orders of the Authorized Officer having been dismissed by the Principal Chief Conservator of Forests, J&K Srinagar, the Appellate Authority, vide its order dated 22.08.2012, the owners of the Willow Clefts and the Trucks, invoked Extra Ordinary Writ Jurisdiction of this Court to question the confiscation orders passed by the Authorized Officer as also the orders passed by the Appellate Authority. To examine the veracity of pleadings of the petitioners in all these Petitions, this Court vide its order dated November 9, 2012 issued following directions to the Authorized Officer:-

(3.) THE conclusions reached at by the Authorized Officer has brought to fore such facts which were not there before him when he initially passed confiscation orders. The new conclusions reached at, on fresh facts, according to the Authorized Officer, indicate that the petitioners were carrying Finished and unfinished Willow Clefts for their export out of the State. This conclusion of the Authorized Officer is in essence, ex-parte, on the basis of facts which were already before him and those which were collected by him pursuant to Court directions.