D.P. Sengupta, J. - (1.) THIS revisional application is directed against an order dated December 13, 2000 passed by the learned Sub -Divisional Judicial Magistrate, Aliporduar, Jalpaiguri in C.R. Case No. 115 of 2000 (Forest Case No. 79/BTR (West) of 2000).
(2.) ON April 23, 2000 a truck bearing No. WB 23/8304 loaded with Sal and Teak Logs without any valid papers were seized by the Dy. Ranger/Forester on Highway No. 31. Four persons including the driver and Khalasi of the said truck were arrested and the wooden logs were seized. The accused persons were forwarded to the court of learned Sub -Divisional Judicial Magistrate, Aliporeduar.
(3.) ON November 27, 2000 the fact of seizure of the truck as well as the logs was reported to the Authorised officer and the Dy. Field Director, Buxa Tiger Reserve (West) and a confiscation proceeding was initiated in respect of the seized truck and the goods under Sec. 59A of the Indian Forest Act. Notices were directed to be issued under Sec. 59B of the said Act in the Forest Case No. 79/BTR (West) of 2000 to the owner of the seized truck directing her to showcase as to why the seized truck would not be confiscated under the Forest Act. Thereafter the owner of the truck gave a reply to the showcase in the said Forest Case by stating that the truck carried goods in the route of Calcutta -Siliguri and that some miscreants hijacked the said truck and committed offence. It appears that the Authorised Officer issued summons to the present opposite party No. 1 and others directing them to appear before him on September 29, 2000 in the said forest case No. 79/BTR(West)/2000.;