- (1.) This application under Article 227 of the Constitution of India on behalf of Shri Ram Chandra Singh, owner of a vehicle bearing No. WB-03/0799 is directed against the judgment and order dated 17-7-96, passed by the Ld. Addl. District Judge, 2nd Court, Jalpaiguri being the Appellate Authority under the Indian Forest Act, 1927 in Misc. Appeal No. 18 of 1993 dismissing the appeal preferred by the petitioner against the order dated 21-12-92 in Case No. 4937/15-222 and 28-5-93 in case No. 2361/15/222 and 28-5-93 in Case No. 2361/15/222 by the Authorised Officer, Jalpaiguri District under the provisions of the Indian Forest Act confiscating the vehicle No. WB-03/0799 of the petitioner. The Ld. Judge, the Appellate Authority affirmed the findings of the Authorised Officers as well as his aforesaid orders dated 21-12-92 and 28-5-93.
(2.) Facts leading to the instant application before this Court may be briefly stated as follows :-The petitioner is the owner of the truck bearing No. WB-03/0799. On 8-8-92, Shri Mihir Kumar Dey, Deputy Ranger/Forester, in charge of Teesta Bridge Forest Check Post received secret information that the vehicle in question loaded with timber was likely to pass through the Teesta Bridge Forest Check Post. The message was communicated by Sri Dey to the Range Officer, NPP-1 Range who was on duty then, and accordingly his staff was alerted as the vehicle did not approach till 3-30 P.M., the Forest Officials went out for patrolling along the highway in search of the truck and about 3-45 P.M. the Truck was sighted near the junction of highway and Changrabandha Road. At the sight of the vehicle of the Forest Department, the said truck bearing No. WB-03-0799 suddenly turned towards left and ran towards Changrabandha in full speed. The Forest Officials chased the truck and over took it at Changrabandha. After detection the truck was found fully loaded with freshly cut green shall timbers and was covered with tarpaulin and steel sheets. On demand by the forest officials, the driver failed to show any document or transit pass in support of valid and legal possession of those timbers being carried away by the said truck. Those timbers did not have any Government hammer marks and accordingly the forest officials seized 215 pieces of Shal sawn timber measuring about 12090 cubic meters and the said truck as well and also arrested the driver and the khalasi of the truck.
(3.) Shri Mihir Kumar Dey, Officer in charge of Teesta Bridge Forest Check Post then recorded the statement of the driver of the truck Shri Jainal Akhtar who conferred that the rate for carrying timbers to Ultadanga, Calcutta was fixed by him at Rs. 6,500/- when he met the Dalal at Basirhat. Seizure list was also prepared regarding the seizure of the said timbers and the truck. Jamal Akhtar and Jogen Karmakar were the driver and khalasi respectively of the said trucks, were produced before the Ld. Chief Judicial Magistrate, Jalpaiguri, for committing offence under the Indian Forest Act 1927 and under the West Bengal Forest Produce Transit Rules 1958 as amended. After observing those formalities, Shri M. K. Dey, Forest Officer reported the matter of the aforesaid search and seizure to the Authorised Officer of the Jalpaiguri district under the Indian Forest Act, 1927, of the Jalpaiguri District.;