IMPORTANT POINT
Finality to order passed in adjudication matter in terms of Section 59 (2) of Indian Forest Act can not be an impediment to exercise of power by High Court under Article 227 of Constitution to see to its legality.

JUDGMENT

Arijit Pasayat, J.-The State of Himachal Pradesh questions legality of the judgment by learned Single Judge of the Himachal Pradesh High Court holding that the petition filed by the State for revision under Section 397, 401 read with Section 482 of the Code of Criminal Procedure, 1973 (for short the Code ) was not maintainable. The said petition was directed against judgment dated 13.12.1993 of learned Additional Sessions Judge, Solan, in an appeal under Section 59(2) of the Indian Forest Act, 1927 (in short the Act ) as amended by the Indian Forest Act (Himachal Pradesh Second Amendment) Act, 1991, (hereinafter referred to as Amendment Act ) as applicable to the State of Himachal Pradesh. The High Court by the impugned judgment held that the revision was not maintainable. Additionally, it was held that whether powers under Section 482 of the Code and Article 227 of the Constitution of India, 1950 (in short the Constitution ), could be exercised need not be gone into as this is not a fit case where the power required to be so exercised.

2. Background facts giving rise to the present dispute essentially are as follows:

On 12.10.1992, the Station House Officer, Nalagarh intercepted a truck bearing No. HIA-6947 at about 7.45 a.m. near the sale depot of Himachal Pradesh Forest Corporation on Nalagarh Ram Sehar road. On search being carried out, 252 tins of resin were found being transported in the said truck. Out of the quantity found on search, 186 tins of resin bore the mark "MR-92" while 56 tins bore the mark "X". One Mast Ram who was travelling in the truck claimed that the tins belonged to him. On being required to produce the necessary export permit with regard to the articles, he failed to do so. Consequently, 252 tins of resin along with the truck were seized. Since forest offence was believed to have been committed in respect of the seized articles, which was considered to be the property of the State Government, a report to the Forest Officer Nalagarh was made. On receipt of the report, the Authorised Officer issued notice to Mast Ram who claimed to be the owner of articles and Harcharan Singh, and Dhanwant Singh driver and owner of the truck respectively. The owner of the truck i.e. the present respondent submitted that no resin was carried and transported in his truck. In view of the materials on record and evidence led by the parties the Authorised Officer passed an order directing confiscation of the truck. The said order was assailed before the Additional Sessions Judge, Solan by way of an appeal. The appeal was disposed of by judgment dated 13.12.1993. It was held that order of the Authorised Officer was without jurisdiction. For arriving at such conclusion, learned Additional Sessions Judge was of the view that since offence was committed in respect of property, which according to the Appellate Judge was not claimed to be State s property despite the indisputable fact that there is a statutory presumption, as to such properties - forest produce being the properties of the State, the Authorized Officer had no jurisdiction to pass the order. A revision was filed before the High Court. The respondent took preliminary objection to the maintainability of the revision application on the ground that the order passed by learned Additional Sessions Judge in appeal under Section 59(2) was final in terms of the Amendment Act. It was pointed out that by Amendment Act certain amendments were carried out in the Act in its application to the State of Himachal Pradesh. By virtue of the Amendment Act Sections 52 (A) and (B) were inserted in the Act, so far as its application to the State of Himachal Pradesh are concerned w.e.f. 9.7.1991. Section 59 of the Act was also amended by insertion of sub-sections (2) and (3) thereto. Two new Sections, namely, 59 (A) and (B) were also inserted. With reference to these provisions, more particularly, with reference to Section 59(B) it was submitted that the Amendment Act attached fi