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SANJAY DHAR
Range Officer Kandi Range Sopore – Appellant
Versus
Altaf Hussain Malla – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. The petitioner has challenged order dated 12.10.2021 passed by learned Principal Sessions Judge, Kupwara, whereby learned Sessions Judge has allowed the revision petition filed against the order dated 29.01.2021 passed by the Authorized Officer (DFO, Kamraj Forest Division Zangli Range Kupwara) and set aside the said order.
2. The record of the case reveals that Range Officer, Kandi Range Sopore, vide his report dated 20.05.2019, submitted an information before the Authorized Officer informing him that during the intervening night of 19/20th May, 2019, the officials of the Forest Department intercepted vehicle bearing Registration No. JK02BA-3662 for checking and during its search operation, illicit timber of deodar sawn 52 Nos. = 49.14 cfts was found loaded in the said vehicle. It was further revealed that the accused had managed to escape from the spot but they were properly identified. The Ranger Officer further reported that seizure memo of the seized vehicle along with the seizure memo of the timber was prepared on spot in presence of the witnesses and the seized articles were brought to Seizure Depot Kandi Sopore and handed over to incharge Seizure
The Authorized Officer must follow the procedural requirements of the Indian Forest Act, including providing opportunities for cross-examination and issuing reasoned orders, to ensure compliance with....
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 : 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....
Confiscation under the Orissa Forest Act requires proof of a forest offence and adherence to procedural safeguards, failure of which invalidates the confiscation order.
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....
Vehicle confiscation under the Orissa Forest Act is valid if the owner fails to prove knowledge or reasonable precautions, despite claims of procedural irregularities.
Point of law : Recording of reasons by an administrative or Quasi-judicial authority serves a salutary purpose, namely, it excludes chances of arbitrariness and ensures a degree of fairness in the pr....
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