Jugal Kishore Nayak vs The Authorised Officer-cum-Divisional Forest Officer

Heard Mr. G. C. Rout, learned Counsel for the petitioner, Mr. C.A. Rao, learned Counsel appearing for the Forest Department as well as learned Additional Government Advocate.

The petitioner had approached this Court earlier in W.P.(C) No. 6676 of 2007 and this Court considering the request of the learned Counsel for the petitioner by order dated 26.7.2007 allowed the petitioner to withdraw the writ petition with liberty to file a property couched writ petition.

Now the present writ petition has been filed. The petitioner challenges the confiscation proceeding initiated against the vehicle, i.e., Mahendra Max Pick-up Van bearing Registration No. OR-05-V05787 u/s 56 of the Orissa Forest Act for illegal transportation of 30 bags of Arguna Kanda, which in Oriya, as stated by Mr. C.A. Rao, is called as "Odasamari". Now the proceeding u/s 56 of the Orissa Forest Act is continuing and the petitioner prays for release of his vehicle. Mr. C.A. Rao strongly objects to the same. On the other hand, learned Counsel for the petitioner submits that Arguna Kanda does not come within the meaning of forest produce. But from the para-wise comment submitted by the D.F.O., Athagarh Division, to the learned Addl. Government Advocate in the earlier writ petition, i.e., W.P.(C) No. 6676 of 2007, which is produced for our perusal, it appears that the Arguna Kanda was seized for violation of Sections 2(g)(ii), 27 and 56 of the Orissa Forest Act inside Baniabandha Reserve Forests. The seized goods are used for medicinal purpose, as stated by the learned Counsel for O.Ps.

Learned Counsel for the petitioner prays for release of the vehicle pending disposal of the confiscation proceeding and submits that since the vehicle is in custody of the forest authority for about four months under the open sky and if it continues to remain as such, the condition of the vehicle will deteriorate due to its exposure to sun and rain for which the petitioner will suffer irreparable loss.

Relying upon the decision of this Court in the case of Biswakesha Mohapatra Vs. Authorised Officer, we direct that during pendency of the confiscation proceeding, the vehicle in question shall be released in favour of the petitioner within a period of seven days, subject to his fulfilling the following conditions:

(1) The petitioner shall deposit a sum of Rs. 75,000/-(Rupees seventy five thousand) in cash before the Authorised Officer-cum-Divisional Forest Officer;

(2) He shall give an undertaking that his vehicle shall not in any manner indulge in any forest offence in future;

(3) He shall produce the vehicle, as and when required, before the Authorised Officer-cum-Divisional Forest Officer; and

(4) He shall not transfer or in any manner change the ownership of the vehicle till the disposal of the confiscation proceeding.

The writ petition is disposed of accordingly.

Issue urgent certified copy.