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2021 Supreme(Cal) 207

SABYASACHI BHATTACHARYYA
Satyendra Singh – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Chinmoy Pal, Advocate, Kamal Krishna Guha, Advocate, Subir Kumar Saha, Advocate, Bikramaditya Ghosh, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The two writ petitions are taken up together for hearing, since both arise from the same cause of action. Premananda Saha, the petitioner in WPA No. 8856 of 2020, runs a timber business and was transporting his products on a vehicle owned by Satyendra Singh, the petitioner in WPA No. 8852 of 2020. The authorities seized the products, along with the vehicle, on the allegation that the vehicle was carrying forest products (logs) without appropriate permit. Notice was issued to the petitioners and, upon hearing them, the Authorized Officer, Darjeeling District and Divisional Forest Officer (respondent no.3) passed an order on March 2, 2020 for confiscation of the vehicle along with the timber. Upon an appeal being preferred before the appellate authority (respondent no.2), the said authority, vide Order dated August 12, 2020 affirmed the order of respondent no.3. Challenging the said orders, the present writ petitions have been preferred by the owners of the vehicle and the timber respectively.

2. Learned counsel for the petitioners argues that the products, along with the vehicle, were seized in contravention of Rule 8 of the West Bengal Forest-

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