HANSARIA, J.

( 1 ) TERSELY put, we have been called upon in this case to decide "whether the judiciary can also legislate; if so, when and to what extent?" The question as posed above may sound to many ears as novel, strange and a clear attempt to usrup the power of the legislature. But from what is being stated later, it would appear that it is not so.

( 2 ) THE aforesaid question, however, requires our examination because in this case a truck found involved in committing a forest offence was ordered to be confiscated by the Authorised Officer-cum-Assistant Conservator of Forests, which order having been affirmed in appeal, has been challenged in this Court. After hearing the learned counsel for the petitioner, we felt that on the facts of the case, confiscation of the truck is not merited and so we suggested that in lieu of confiscation we propose to impose fine. This suggestion was given keeping in view the judgments of this Court rendered in O. J. C. No. 3105 of 1988 (Narendra Singh v. Authorised Officer, disposed of on 15-11-1988), which was followed in O. J. C. No. 3265 of 1988 (N. V. Gopalaswamy v. Assistant Conservator of Forests) disposed of on 11-9-1990 and O. J. C. No.