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BISWAROOP CHOWDHURY
State of West Bengal – Appellant
Versus
Santosh Kumar Sah – Respondent
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. This is an application under Section 482 of the Code of Criminal Procedure filed by the Petitioner against the Order dated 20thDecember 2023 passed by Ld. Sessions Judge Kalimpong West Bengal in Criminal Appeal No. 06 of 2023, arising out of Forest Case For/Vehicle/N.R. 15 of 2023-2024. Learned Sessions Judge by the said order was pleased to set aside Order dated 17-10-2023 passed in Forest Case No. FOR/VEHICLE/ NR-15/2023 and direct DFO Kalimpong to release the vehicle in favour of registered owner by 28-12-2023. The Petitioner State of West Bengal being aggrieved by the said order has come up with the instant application.
2. The case of the petitioner in brief is that on 12/05/2023 at about 8.30 am Sri Promod Tamang DRM, the Beat Officer of Gorubathan West, Neora Range, with his staff namely 1. Sri Shyamol Mardi FG. 2. Jit Bahadur Biswakarma, FW and Bivek Prodhan, RDC of Gorubathan Beat went to patrolling duty at the compartment No. Mal-9. Gorubathan Beat, Neora Range. At about 9 a.m. in Chel river bed, Compartment No. Mal-9, Gorubathan Beat, they saw one truck bearing Registration No. WB-71A8518 collecting stone boulder from the reserve forest
The main legal point established in the judgment is the requirement for reasonable exercise of discretionary power by the forest officer in ordering confiscation of forest produce and the provision f....
Point of Law : 14. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Point of Law : 18. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Point of Law : 19. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Point of law : 14. Vehicle seized for committing forest offence was not normally to be released to the party till culmination of all proceedings in respect of forest offence as particular approach in....
Administrative property seizure is a temporary measure pending criminal conviction. Excessive, unexplained delay in investigation violates the constitutional right to a speedy trial, justifying the q....
Confiscation under the Orissa Forest Act requires proof of a forest offence and adherence to procedural safeguards, failure of which invalidates the confiscation order.
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