JUDGMENT

A. K. GANGULY, J. — This writ application has been filed challenging the order dated 7.10.2005 passed by the Addl. Dis¬trict Judge (F.T.C.), Baripada, dismissing F.A.O. No.8/23 of 2005. The said appeal was filed challenging an order dated 24.5.2005 passed by the Authorised Officer-cum-Asst. Conservator of Forests, Baripada Division, in O.R. Case No.19-R of 2004-2005.

2. The material facts of the case are that the petitioner is the owner of Mahindra Pick Up Van having registration No. OR-1F/4229. The said Van was seized on 29.7.2004 by the forest authorities at P.W.D. Road (Rasgovindpur to Amarada) near Sarumul¬la. Pursuant to such seizure of the vehicle, a prosecution report was submitted by the Forester, Rasgovindpur section for initia¬tion of confiscation proceeding under Section 56 of the Orissa Forest Act (hereinafter referred to as the ‘Act’).

3. The allegations of the opposite parties are that at about 1.00 P.M. on 29th July 2004 the said Van was seized with 450 bundles of Sal leaves weighing around four quintals by the offi¬cials of the forest department in the presence of the Executive Magistrate and a seizure list was prepared whereupon a prosecu¬tion report was