JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Heard learned counsel for the parties.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court in a writ petition filed under Article 226 of the Constitution of India, 1950 (in short the Constitution). By the impugned order, learned Single Judge directed release of vehicle which was seized and confiscated for an alleged violation of the provisions of Indian Forest Act, 1927 (in short the `Act).

3. Background facts in a nutshell are as follows:

On 10.2.1999, certain forest officials noticed that a Maruti Van was going at unusually high speed. On suspicion, the Beat Officer concerned chased the vehicle in a jeep and was able to intercept the Maruti Van by the side of reserve forest near Range office at Bichabhanga. It was noted that the registration number of the vehicle was WB-72-9459. The Beat Officer found that the vehicle was loaded with hand sawn Sissoo timber. He found that four persons including the driver were traveling in the vehicle. The timber in question was not carrying any hammer marks and the driver of the vehicle could not produce any document in respect of the possession and transportati