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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Premalata Biswal – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. A. Das, learned counsel for the Petitioner and Mr. R. Pradhan, learned Additional Standing Counsel for State-Opposite Parties.
2. Present writ petition is directed against the order of learned District Judge-cum-Appellate Authority dated 14.11.2014 at Annexure- 6 passed in F.A. No.24 of 2013 thereby confirming the confiscation order of the Authorized Officer-cum-ACF, Dhenkanal Forest Division, Dhenkanal dated 11.03.2013.
3. The fact of the case is that, present Petitioner is the owner of the Bolero vehicle bearing Registration No.OR-02-AV-8957 (hereinafter referred as “the vehicle”) which was detected by the Police of Motonga Police Station during night patrolling on 12.08.2012 as loaded with 60 bundles of Kendu leaves unauthorizedly/illegally and transporting the same without having valid documents thereof.
4. The vehicle was seized by Motonga Police and Motonga P.S. FIR No.123 dated 12.08.2012 was registered for commission of offence under Section 379 /411 of the I.P.C. and Section 14 of the Kendu Leaves (Control and Trade) Act. It is submitted that said Police case is now at the stage of trial and pending before the court at Dhenkanal.
An owner of a vehicle must demonstrate that its use in facilitating an illegal act was without their knowledge or connivance, fulfilling the burden of proof to avoid confiscation under the Odisha For....
The owner of a vehicle bears the burden of proof to demonstrate lack of knowledge or connivance in illegal transportation of forest produce, with confiscation serving a preventive function under envi....
The owner's liability in forest-offense cases is strict, requiring proof of non-involvement; mere denials are insufficient to overturn administrative actions.
Vehicle confiscation under the Orissa Forest Act is valid if the owner fails to prove knowledge or reasonable precautions, despite claims of procedural irregularities.
A vehicle owned by a third party cannot be confiscated if its owner proves they took reasonable precautions to prevent its use in committing an offence.
Point of Law : 18. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Confiscation under the Orissa Forest Act requires proof of a forest offence and adherence to procedural safeguards, failure of which invalidates the confiscation order.
Confiscation under the Indian Forest Act requires proven knowledge or connivance of the owner in the illegal transport of forest produce, which was not established here.
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