Orissa High Court
Rama Chandra Sahoo vs Authorised Officer-Cum-Asst on 4 September, 2023
Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 04-Sep-2023 18:40:16 IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 4550 OF 2009
Rama Chandra Sahoo .... Petitioner
Mr. Ashok Sahoo, Advocate
-versus-
Authorised Officer-cum-Asst. .... Opp. Party
Conservator of Forests, Cuttack
Mr. Debendra Kumar Mohanty,
Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 04.09.2023
23. 1. This matter is taken up through hybrid mode.
2. Judgment dated 30th January, 2009 (Annexure-2) passed
by learned District Judge, Cuttack in F.A.O. No.123 of 2007 is
under challenge in this writ petition, whereby dismissing the
appeal filed by the Petitioner under Section 56(2-e) of the
Odisha Forest Act, 1972, learned appellate Court confirmed the
order of confiscation passed by the Authorized Officer-cum-
Asst. Conservator of Forests, Athagarh in O.R. Case No.236/A
of 1991-92 (Annexure-1).
3. Mr. Sahoo, learned counsel submits that the Petitioner is
the owner-cum-driver of the truck at the time of seizure of
vehicle with 395 bundles of Kendu leafs on 2nd February, 1992.
It is his submission that when the truck of the Petitioner bearing
Registration No.OAC-4643 was loaded with Kendu leafs, the
owner of the Kendu leafs showed a document, which appeared
to be the permission for transportation of seized articles.
Believing to the same to be a T.T. Permit validly issued, the
Petitioner transported the Kendu leafs in his truck for a rent of
Rs.2000/-. He had also received Rs.400/- as advance. On the
Signature Not Verified // 2 //
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 04-Sep-2023 18:40:16 way to Tigiria, the vehicle loaded with Kendu leafs passed two
forest gates and it was never detained. Thus, he was under the
impression that the permit shown by the owner of the Kendu
leafs to be genuine. However, the police personnel at
Birakishorepur chhak of Athagarh detained the vehicle and
found that 395 bundles of Kendu leafs were being transported
without any valid permit. Although the aforesaid plea was
raised before the Range Officer as well as the appellate Court,
but, without considering the same, order of confiscation of the
vehicle has been passed. Hence, this writ petition has been filed.
4. It is his submission that earlier the Petitioner had moved
this Court in OJC No.2356 of 1997 assailing the judgment
passed in Misc. Appeal No.55 of 1992, which was disposed of
on 28th January, 2005 with the following order:
"Thus, we dispose of this writ petition with the
observation that the matter relating to the bona fide of the
petitioner be further inquired into by allowing him to adduce
evidence and in that respect Department may adduce its
rebuttal evidence and in the event petitioner proves his bona
fides, appropriate order be passed in the confiscation
proceeding and in the event of failure of the petitioner to
prove his bona fides, the order of confiscation which has been
passed be treated as upheld by this Bench."
Thus, the Authorized Officer re-looked into the matter
and passed the order under Annexure-1 directing confiscation of
the vehicle. Assailing the same, the Petitioner preferred appeal,
which has also been dismissed. It is his submission that since the
Petitioner is a bona fide owner of the vehicle and had no
knowledge about the forest offences, his vehicle should be
released at once setting aside the impugned orders under
Annexures-1 and 2.
5. Mr. Mohanty, learned Additional Standing Counsel, on
the other hand, submits that the Petitioner himself has admitted
Signature Not Verified // 3 //
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 04-Sep-2023 18:40:16 to have transported 395 bundles of Kendu leafs without any
valid permit. Hence, he has committed forest offence using the
vehicle in question, i.e. a truck bearing Registration No.OAC-
4643. In view of the above, neither the Authorized Officer nor
learned appellate Court has committed any error in directing
confiscation of the vehicle.
6. Taking note of the submissions made by learned counsel
for the parties, this Court perused the materials on record.
Although it is stated by the Petitioner before the Authorized
Officer that the vehicle loaded with 395 bundles of Kendu leafs
passed two forest gates, but no evidence to that effect was placed
before the Authorized Officer or before learned District Judge.
Even if his vehicle had passed two forest gates without being
detained, the same cannot be a ground to set aside the order of
confiscation. Thus, on consideration of the facts and materials
available on record, both Authorized Officer as well as learned
District Judge, came to a conclusion that the vehicle of Petitioner
was involved in the forest offence. It is also admitted by the
Petitioner himself that Kendu leafs in question were being
transported without valid permit.
7. As such, this Court finds that neither the Authorized
Officer nor learned District Judge has committed any error of
law and facts in directing confiscation of the vehicle.
8. Accordingly, the writ petition being devoid of any merit
stands dismissed.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
ms Judge
