Subhro Kamal Mukherjee

( 1 ) THIS is an application under Article 227 of the Constitution of India against an order passed by the learned District Judge at Cooch Behar in misc. Appeal No. 2 of 2004. The appeal was filed against an order of confiscation dated January 12, 2004 in respect of a Pick-up Van bearing registration No. WB-69/1490.

( 2 ) IT is alleged that on June 23, 2003 it was found that the said Pickup van was carrying some Teak Block Timbers without any transit pass. The vehicle was intercepted and was, ultimately, seized.

( 3 ) ALTHOUGH various testimonies were taken, but it was found by the tribunal below, as findings of fact, that the owner or the driver of the offending vehicle had no authority to carry the confiscated timbers. Therefore, the authorised Officer directed confiscation of the vehicle as the vehicle was involved with an offence of carrying unauthorised forest produce.

( 4 ) THE learned District Judge affirmed the order of the Authorised officer, Divisional Forest Office, Cooch Behar Division.

( 5 ) MR. Banerjee, learned Advocate appearing for the petitioner, draws my attention to a decision in the case of Sri Jiban Aich v. State of West bengal and A

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