Malay Kumar Basu, J. - (1.) This is a revisional application directed against the judgement and order dated 22nd September, 2000 passed by the learned Additional District Judge, 1st Court in Misc. Appeal No. 7/99 affirming the order dated 18th January, 1999 passed by the Dy. Field Director, Buxa Tiger Reserve (West) Jalpaiguri in Case No. 651BTR (West) 1998. The relevant facts leading to this revision may be summarised as follows.
(2.) The petitioner's truck bearing No. WB 37/4044 was caught by the Forest Ranger, Damanpur Range on 2nd August, 1998 at about 2.30 A.M. in course of his night patrolling along with the members of his staff of the Head Quarters Mobile Range while the truck was coming from Alipurduar towards Cooch Behar suspecting the article lying on the truck being covered with tarpaulin to be illegal produce. They tried to stop the vehicle but the vehicle in stead of stopping increased its speed and in the process dashed against some members of the forest staff who were standing on the road and in the melee the truck driver as well as the helper ran away leaving the truck at that spot. On raiding the same they found that it was loaded with substantial amount of Sal and Misc. timber without Govt. hammer mark. The Range Officer then lodged F.I.R. with the Alipurduar Police Station after getting them thoroughly checked and the quantum of illegal timber ascertained and seizing 34 pieces of Sal and Misc. timber and also the truck. The Range Officer judging the gravity of the offence requested the forest officer for confiscating the said truck with its contents as shown in the seizure list. The value of the seized forest produce was estimated to be 3.5 lakhs. Thereafter the seizing officer sent a notice to the owner of' the truck, Sri Ramdulal Ghosh of New Kenda, Burdwan, by post directing him to show cause within 30 days why the seized truck would not be confiscated. In response thereto the owner, Shri Ramdulal Ghosh, (the present revisional applicant), sent a letter showing cause wherein he pleaded his ignorance and stated that he had been informed that his truck had been hijacked from Alipurduar where it was sent to carry rice on hire. He further stated that on getting such information he sent his man to search for the truck and came to know that it had been detained by the Range Officer for carrying illicit forest produce. He also added that he had cautioned his driver not to load any illicit articles in his truck for carrying purpose. He prayed for mercy and for an order releasing the vehicle, otherwise, his family would suffer starvation. He also got the names and addresses of the driver and helper who were in the truck at the relevant time and who had fled away. Another show cause notice was issued by the forest officer on 28th August, 1998 to the said owner, Sri Ramdulal Ghosh, to show cause why the truck would not be confiscated for violation of the West Bengal Amendment Act, 1988. In response thereto he stated the same fact and made the same prayer for release of his seized truck.
(3.) The forest officer heard the owner of the vehicle and held a trial and passed a judgement finding that the plea of ignorance of the owner had not been substantiated from the materials on record and passed the impugned order confiscating the seized truck. Being aggrieved by this order the owner of the truck preferred an appeal before the District Judge under section 59D of the Indian Forest Act, 1927. The learned District Judge after having heard both sides and considering the materials found that the order of the forest officer was quite justified and did not call for any interference and accordingly he affirmed that order dismissing the appeal. Being aggrieved by that appellate order of the learned District Judge the owner of the vehicle has preferred the present revisional application under Article 227 of the Constitution challenging the same as erroneous and illegal.;