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Judgment
On consent of parties, this writ petition stands disposed of at the stage of admission.
Order of confiscation passed by Authorised Officer, Keonjhar in O.R. Case No. 80-A of 2003-04 was considered and confirmed by learned District Judge, Keonjhar as per impugned judgment delivered on 5.2.2005, in respect of the order of confiscation of Tractor bearing Regd. No. OR-09-D-608 and Trolley bearing Regd. No. OR-09-D-609.
Case of the Forest Department is relating to loading and attempt for illegal transport of timber and fire wood without having valid Timber Transit Permit and when that offence was detected, forest officials were man-handled by some villagers.
Defence plea of the owner/petitioner was that the Tractor & Trolley had been hired for transporting Aharar crop by one
Anam Naik and she had denied to the allegation of loading of timber and fire wood and attempted transport of the same and also to the allegation of assault on the forest officials. The Authorised Officer considered and rejected the evidence adduced from the side of the petitioner and accepted the evidence tendered by official witnesses. Such assessment of evidence and factual finding were challenged in appeal before learned District Judge. We find from the impugned judgment that the evidence adduced by the petitioner before Authorised Officer was neither discussed nor rejected for any good reason save and except making cryptic reference to such evidence and sweeping remark of non-acceptability of that plea. Therefore, we find that learned District Judge has failed to properly appreciate the evidence for its acceptance or rejection, as the case may be. Thus, the impugned order of learned District Judge is not sustainable in the eye of law. While setting aside the impugned judgment of the learned District Judge, Keonjhar, we remand the appeal for fresh disposal in accordance with law. Learned District Judge should bear in mind that we have not expressed any opinion on the merit of the claim of the petitioner. We, however, observe that evidence adduced from both the parties be referred to, discussed and appreciated in a lawful manner before arriving at a conclusion in the matter of order of confiscation passed by Authorised Officer. Learned District Judge, Keonjhar may do well to dispose of the appeal within a period of two months from the date of receipt of a copy of this order. It is at the option of learned District Judge, Keonjhar to hear the parties afresh.
The writ petition is accordingly allowed. Requisites by registered post with A.D. be filed within a week to communicate the order to the District Judge, Keonjhar.