Vehicle confiscation under the Orissa Forest Act is valid if the owner fails to prove knowledge or reasonable precautions, despite claims of procedural irregularities.

JUDGMENT :

Dr. S.K. Panigrahi, J.

1. In filing this Writ Petition, the Petitioner being the owner of the vehicle in question (TATA ACE having registration No.OD-01-C-2675) which is seized based on the allegation of transportation of Forest Goods, has challenged the order dated 30.03.2024 passed by the learned District Judge, Mayurbhanj, Baripada in FAO No.30 of 2022 and the order dated 04.07.2022 passed by the Authorized Officer-cum-Assistant Conservator of Forest, Baripada in OR Case No.155B of 2018-2019 converted from UD Case No.28B of 2018-19, Baripada.

In addition to the above challenge, the Petitioner has also sought for a direction from this Court to the Opposite Party Nos.2 and 3 for releasing the above noted vehicle in her favour.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) On getting some credible information regarding illegal transportation of forest goods i.e. timber the Forester, Badampur Section along with other staffs of Betnoti Range on 28th October, 2018 detained the above noted TATA ACE vehicle which was coming towards them from Bhagabandihi village. On seeing the said Officials the driver of the TATA ACE fled from the spot by leaving the said vehicle. On search, though the Forest Officials recovered two pieces of Neem logs with bark measuring volume 4.74 cft, five pieces of Acacia pole and two quintals of mixed firewood without any mark of hammer impression on the said timbers from the said TATA ACE vehicle, no R.C book and legal documents pertaining to the said forest goods were there in the said vehicle. After seizure of the said goods nobody came forward to claim the seized products. Accordingly, the Forest Officials seized the above noted vehicle along with all the timbers and other products loaded in the said vehicle. Accordingly, a seizure list was prepared in presence of the available witnesses having seizure hammer No.FD-SZD-16.

(ii) Soon after seizure of the above noted vehicle along with the goods loaded therein a Forest Offence Case vide U.D. Case No.28B of 2018-19 was prepared. Thereafter, on query, it was ascertained from the R.T.O, Balasore that the Petitioner is the registered owner of the above noted seized vehicle. On getting notice the Petitioner appearing before the authority concerned stated that she had no knowledge regarding transportation of the above noted seized Forest goods through her vehicle in question. She further contended that the driver of the vehicle was transporting the seized goods being misguided by someone.

(iii) Thereafter, the Forester, Badampur Section arrested the Petitioner and converted the above noted U.D. Case to OR Case No.155B of 2018-19. Accordingly, the Petitioner was forwarded to the Court of J.M.F.C, Betnoti. The advance P.R. against the Petitioner was also submitted before the Court for contravention of Rules 4, 12 & 14 of the Odisha Timber & Other Forest Produce Transit Rule, 1980. At the same time, the Range Officer intimated the D.F.O, Baripada, Forest Division for taking further action in the matter.

(iv) On getting the case record, the D.F.O, Baripada appointed one Sandeep Parthy, I.F.S (Probationer), ACF, Baripada Forest Division as the Authorized Officer. On being appointed, the Authorized Officer-cum- ACF issued show cause notice to the Petitioner. Accordingly, the Petitioner submitted her reply to the said show cause notice. In the meantime, since Sandeep Parthy, I.F.S was transferred to some other Division, the D.F.O, Baripada again appointed Sri Sarat Kumar Mishra, A.C.F, Baripada as the Authorized Officer. After some time since said Sarat Kumar Mishra was transferred