Raj Kishore Pradhan vs State

S.C. Parija, J.—Heard learned counsel for the parties.

In this writ petition, the petitioner prays for a direction to the opposite parties to release of the vehicle (Mahindra Tractor and Trolley) bearing registration Nos. OR-05-AP/6321 & OR-05-AP/6322, which has been seized in connection with forest offence.

Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle in question and he was not aware of transportation of laterite stone in his vehicle. According to him, the vehicle is lying exposed to sun and rain and its condition is deteriorating day by day. Therefore, he prays for interim release of the vehicle pending disposal of the confiscation proceeding.

Learned counsel for the State vehemently opposes the prayer and submits that there is no provision under the Forest Act for interim release of the vehicle.

Perused the record and considering the submissions made by the parties, this Court directs the Divisional Forest Officer, Cuttack Forest Division, Cuttack-opposite party no. 2 to dispose of the confiscation proceeding arising out of O.R. Case No. 51-D of 2013-14 within two months from the date of receipt of certified copy of this order together with a copy of the writ petition and show-cause which the petitioner undertakes to do within two weeks. If the confiscation proceeding is not completed within the stipulated time, in spite of cooperation of the petitioner, it shall be open to the petitioner to file an application before the opposite party no. 2 for release of the vehicle in favour of its registered owner on such terms and conditions as would be deemed just and proper including 50% cash security and 50% property security equivalent to the value of the vehicle in question and keeping an undertaking from him to the effect that he shall not create any 3rd party interest and shall not change the nature and character of the vehicle. The valuation of the vehicle shall be made by the concerned R.T.O. and for that the opposite party no. 2 shall take necessary steps.

The writ petition and the Misc. Case are accordingly disposed of.

Issue urgent certified copy as per rules.