Ashish Kaushal vs State Of H.P

Anoop Chitkara, J

Expressing the inability to pay the bank guarantees imposed by the Divisional Forest Officer as a term for releasing his JCB, the petitioner has

come up before this Court.

The Divisional Forest Officer, by the impugned order dated 20.09.2020, has ordered the release of the petitioner's confiscated vehicle. However,

the Ld. Officer has directed to furnish Sapurdari Bond of Rs, 5,00,000/- along with one surety in the like amount and the FDR or Bank guarantee of

Rs. 15,00,000/- drawn on any Nationalised Bank at Shimla pledged to DFO Shimla.

The Learned Counsel for the Petitioner has submitted that the petitioner has been facing extreme financial difficulties due to the COVID -19

pandemic. Further, he has also been financially overburdened due to his hospitalization and his entire family for COVID-19.

The legislative intent while enacting the Indian Forest Act, 1927 was to protect and conserve the forest, strengthen the existing forest laws and

increase forest productivity. Forests are a national wealth which is required to be preserved. When a forest is harmed or forest produced is obtained

illegally by any person's actions, the primary objective is to restore the forest and not just punish the offender.

Keeping in mind the purpose of the Act and the depleting condition of the environment, this Court believes that the only imposition of the hefty

financial penalty alone would not be appropriate.

This Court believes that the said conditions imposed while ordering the confiscated vehicle's release are too harsh and stringent. Further, they also

do not cover the forest restoration aspect.

Hence, this Court, in the interests of the environment, directs the petitioner to restore and enlarge the forest cover by planting 200 tree saplings by

15th Aug 2021. The Forest Department will provide the saplings to the petitioner. The discretion of the Forest Department will be the discretion of

what tree saplings will be given to the petitioner and whether the same will be charged or provided free of cost. The concerned DFO will interact with

the petitioner and facilitate him. DFO may consider planting Horse Chestnut, Hazel Nut, Walnut, Cherry, Plum, Pear, Apricot, etc. It is the Forest

Experts to take the final call and decide the variety and time of plantation.

The plantation shall be done on the same patch or around it, from where the illicit felling took place. In case any person, whom so ever, puts

obstructions in plantation, then SHO of the concerned Police station shall provide adequate security and take appropriate legal action against such

violators.

The Court further directs the petitioner to look after the saplings for one year after plantation personally. After one year, the Forest Department

shall take care of the saplings. The petitioner shall also contact the Forest Department every month to report on the saplings' status and health and any

assistance he may require. He will provide his contact details to the Forest Department personnel. This order is being passed to make the petitioner

understand and realize his civic responsibility towards the environment.

Further, about the statutory requirement of furnishing a bond while releasing the confiscated vehicle, the Court directs the petitioner to furnish a

personal bond undertaking to pay a sum of Rs 20,00,000/- or less, that the concerned court orders finally. Any Advocate for the petitioner may draft

this bond and it shall be accepted by the concerned Forest Official(s)/Court(s).

Given above, this is a fit case where the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure is invoked.

Thus, the conditions that the Ld. Divisional Forest Officer had imposed, vide order dated 20.09.2020 are hereby modified, in terms mentioned above.

All pending application(s), if any, stand closed.

I express my gratitude to Mr. Abhimanyu Rathore, Ld. Amicus Curiae, as well as to my interns Ms. Sakshi Attri, Ms. Apoorva Maheshwari, and

Mr. Shivam Sharma for the excellent input.

Petition allowed.

Copy Dasti.