- (1.) INTRODUCTION. Applicability of Section 482 of the Code of Criminal Procedure, 1973 for quashing a proceeding for confiscation of forest-produce etc. under the provisions of Indian Forest Act, 1927 (hereinafter referred to as 'the Act') as amended by the State of West Bengal is in question in these appeals which arise out of a common judgment and order dated 27-6-1996 passed by the Calcutta High Court. BACKGROUND FACT Shortly stated, the fact of the matter is that the forest-produce belonging to the State and/or the vehicles carrying the same were seized by the Forest Officer. The report of such seizure was made to the authorized officer.
(2.) Except Criminal Appeal No. 453 of 1997 - State of West Bengal and others v. Sujit Kumar Rana, show cause notices issued by the forest authority purported to be issued under the provision of Section 59-B of the Act, as amended by the State of West Bengal or the seizure of the forest-produce or the vehicles carrying the same, came to be questioned by the respondents before the Calcutta High Court invoking its jurisdiction under Section 482 of the Code of Criminal Procedure. In Sujit Kumar Rana's case, however, an order of confiscation was passed by the authorized officer.
(3.) The factual matrix, for appreciating the points involved herein is being noticed from Criminal Appeal No. 453 of 1997 : The truck of the respondent carrying forest-produce and said to be without transit permit was detained and seized. Upon a report of the said seizure, show cause notice was issued to the respondent by the authorized officer as to why vehicle shall not be confiscated. The owner of the truck replied to the said notice, praying for release of the same.;