REYAZ AHMAD RAH Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) IT is true that forest life is dependant on the tress standing therein and forest are co -related to the human life as well. Damage to forests by felling tress unauthorizedly will cause damage to human life as well. It is, in this backdrop, amendments have been made in the J&K Forest Act, 1987 (for short "Act of 1987").

(2.) HOWEVER , more the law is stringent more duty is cast on the authorities to follow the procedure provided by statute in arriving at a conclusion. The consequences under the Act of 1987, in respect of vehicles, which are allegedly used for transportation/carrying of the forest products are penal in nature. Since the consequences of the provisions are penal, so strict compliance with the mandate of law is to be adhered to.

(3.) PETITIONER claims to be owner of the vehicle bearing Registration No. JK03/0101, which was seized by Forest authorities in the intervening night of 15th and 16th January, 2007 near village Momandanjipora allegedly carrying illicit timber. The authorities after seizing vehicle and illicit timber carried therein, referred the matter to the authorized officer for initiation of confiscation proceedings in respect of seized vehicle and timber. The authorized officer on 9th April, 2008 passed an order for confiscation of the seized vehicle as also the seized timber.