IMPORTANT POINT
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 for proof by the owner to prevent confiscation of tools, ropes, chains, boats, vehicles, or cattle used without their knowledge or connivance.

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 area, at compartment No. Mal-9 (GPS-N 26’55’ 54.25” E 88 40’ 00.68”) under Gorubathan Beat. Promod Tamang, DRM, Beat Officer asked them to stop and produce any permit license/documents for collection and removal of Forest Produce (Stone Boulder) from the reserve forest areas. At that time the driver of the vehicle and other persons present there managed to flee away from the spot. Thereafter Promod Tamang DRM beat officer Gorubathan Beat seized, the vehicle (truck bearing Registration No. WB-71A-8518 on proper seizure list and the forest produce (Stone Boulder of 200 CFT) loaded thereon under Section 52 of Indian Forest Act, 1927 at about 9:15 am and brought the same to the Range Office. After the seizure was complete the Beat Officer, Gorubathan Beat, under Neora Range intimated the officer-in-charge, Gorubathan Police Station, Kalimpong in writing about the incident on 12/05/2023. On the same day a letter was issued to the Regional Transport Officer Jalpaiguri District seeking information as to the ownership of the seized vehicle bearing registration No. WB-71A-8518 which was apprehended on 12/05/2023 illegally carrying forest produce. Upon obtaining a written report dated 16/05/2023 regarding seizure of truck bearing registration No. WB-71A-8518, a notice of 30 days was issued to the opposite party being owner of vehicle bearing registration No. WB-71A-8518. Upon receipt of the notice the opposite Party submitted a written explanation on 06/06/2023 by annexing Photostat copy of a Road E-Challan for sand/riverbed materials Transport bearing Challan No. 6207813/S/23-24/110520 230200/PS Dated 11/05/2023 issued against a vehicle bearing registration No. WB-73D7325. The Authorized officer and DFO, Kalimpong upon not being satisfied with, the explanation given issued notice upon the opposite party for personal hearing. In the personal hearing statement of the witnesses and the opposite Party was recorded. Upon hearing the opposite party and considering the statement of the witnesses the Authorized Officer and Divisional Forest Officer Kalimpong was pleased to confiscate the said vehicle bearing registration No. WB-71A-8518 vide order dated 17/10/2023.

3. The opposite Party being aggrieved by the Order of Confiscation preferred an appeal before Learned Sessions Judge Kalimpong and the same was registered as Criminal Appeal No. 06 of 2923. Learned Sessions Judge upon contested hearing was pleased to allow the appeal and set aside the order of the Authorized Officer and Divisional Forest Officer Kalimpong inter alia with a direction upon the Divisional Forest Officer, Kalimpong to release the vehicle in favour of the registered owner by 28/12/2023.

4. The Petitioner being aggrieved by the order dated 20th December 2023 passed by Learned Sessions Judge, Kalim