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 submitted in respect of unauthorized carrying of Sal leaves by violating of the provisions of Sections 4, 12 and 14 of Orissa Timber and Other Forest Produce Transit Rules, 1980 (hereinafter referred to as ‘O.T.O.F.T. Rules’). On the basis of such unauthorized transit of Sal leaves, which, according to the opposite parties, were forest produce, a case was initiated and the same was submitted by the Forest Range Officer, Rasgobindapur Range, Morada-II to the Divisional Forest Officer, Baripada Division, Baripada, for trial under Section 56 of the said Act. The said case was numbered as O.R. Case No.19-R of 2004-05. Accordingly, a show cause notice was issued by the Authorised Officer. At that stage a writ petition was filed by the petition¬er before this Court bearing W.P.(C) No.8872 of 2004. In the said writ petition a prayer was made for a direction to the authori¬ties to release the seized vehicle of the petitioner. In the said writ petition seizure of the vehicle was challenged and one of the contentions which was raised in the said writ petition is that for the alleged transportation of Sal leaves no Timber Transit Permit is necessary in view of the provisions of Rule-2(1)(h) read with Rule 5(1) of the said Rules. The said writ petition was disposed of by a Division Bench of this Court on 5.10.2004. The learned Division Bench while considering the petitioner’s case was pleased to dispose of the writ petition with a direction to the Authorised Officer-cum-Asst. Conservator of Forest, Baripada Division, Mayurbhanj to dispose of the con¬fiscation proceeding within a period of two months from the date of receipt of a copy of their Lordships order provided that the petitioner files his reply to the show cause within a period of two weeks and effectively participates in the proceeding. The Authorised Officer was also directed to provide an opportunity of hearing to the petitioner and pass a speaking order.

4. Thereupon, the Authorised Officer passed an order dated 24th May 2005. By the said order the Authorised Officer directed confiscation of the said Van along with the seized 450 bundles of Sal leaves with the State under Section 56(2) of Orissa Forest Act, 1972. Prior thereto a contempt petition was filed by the petitioner before this Court on 15.4.2005 under Section 12 of the Contempt of Courts Act alleging that the Authorised Officer, the alleged contemnor, should be suitably punished for not disposing of the confiscation proceeding in terms of the High Court’s order. The said contempt petition was however disposed of by a Division Bench on 6.6.2005 as not pressed.

5. Now in this writ application the petitioner challenges the order of the Addl. District Judge which confirmed the order of confiscation passed by the Authorised Officer.

6. The main