ASHOK KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition, the petitioner challenges the judgment dated 27.11.2003 passed by the District & Sessions Judge, Dhenkanal in Misc. Appeal No.22 of 2002 upholding the order of confiscation passed by the Authorised Officer -cum -Divisional Forest Officer, Satkosia Wildlife Division, Angul in C.P. Case No.15 of 2001 -2002.

(2.) THE brief facts of the case are that the petitioner is the registered owner of the vehicle (Maruti Van) bearing registration No. WNF 5792. On 17.12.2001 the said vehicle was seized by the forest officials along with timbers for violation of the provisions of Rule 4 of the Orissa Timber and Other Forest Produce Transit Rules, 1980. A proceeding under Section 56 of the Orissa Forest Act, 1972was initiated vide C.P. Case No.15 of 2001 -2002 on the file of the Authorised Officer -cum -Divisional Forest Officer, Angul, who by order dated 13.09.2002 confiscated the vehicle as also the timbers to the State. Against that order, the petitioner preferred Misc.Appeal No.22 of 2002 before the District and Sessions Judge, Dhenkanal, who confirmed the order of the Authorised Officer and dismissed the appeal by judgment dated 27.11.2003. Hence this writ petition.

(3.) LEARNED counsel for the petitioner submits that the owner had no knowledge regarding the incident and previously also instructed the driver not to carry any forest produce. But the driver, due to threat at the point of Bhujali loaded the timbers. He also submits that the learned Sessions Judge should have taken into consideration the deposition of the driver where he narrated the entire story. At the time of seizure of the vehicle, the owner was not present and the circumstances were beyond the control of the driver. He further submits that no chance was given to cross -examine the forest officials.