JUDGMENT

A. S. NAIDU, J. — The confirming order passed in a proceeding initiated under Section 56 of the Orissa Forest Act, 1982 (as amended by Orissa Act 9/83) (hereinafter referred to as the ‘Act’) directing confiscation of the offending truck which was used in an offence of carrying unauthorised timber is challenged in this Writ Petition filed under Articles 226 and 227 of the Constitution of India.

2. The short facts as revealed from the prosecution case are that on September 25, 1992, the Forester of Balugaon Range while patrolling on National Highway No. V along with his staff intercepted a truck bearing registration number OR-O4-8197 near Balugaon. The truck was being driven by driver engaged by the owner Surendra Kumar Samal (who has died in the meanwhile and the petitioners are his legal heirs). The Helper of the truck and another person were also on board the truck. On search, the Forester found ninety two pieces of sawn Teak planks which were illegally transported in the truck. On demand, neither the Driv¬er, the Helper or the other person could produce the required Transit Permit. The Forester seized the truck and the illegally transported timber and produced the same b