453 of 1997 The truck of the respondent carrying forest produce and said to be without transit permit was detained and seized.
2004 1 SCR 870 The Judgment of the Court was delivered by B. SINHA, J. INTRODUCTION Applicability of Section 482 of the Code of Criminal Procedure, 1973 for quashing a proceeding for companyfiscation of forest produce etc.
A writ petition was filed by the respondent herein under Article 226 of the Constitution of India before the High Court of Calcutta which was disposed of on or about 15.09.1995 by it directing the Divisional Forest Officer to companyplete the companyfiscation proceedings expeditiously and preferably within a period of five weeks from the said date.
By reason of the impugned judgment the said companytention was negatived.
The report of such seizure was made to the authorized officer.
Except Criminal Appeal No.453 of 1997 State of West Bengal and Ors.
Yaseen v. Forest Range Officer, Flying Squad, Rayachoti, 1980 I ALT 8 stating We find that a later Division Bench companysisting of Kondaiah, C.J. and Punnayya, J. in Mohd.
BACKGROUND FACT Shortly stated ,the fact of the matter is that the forest produce belonging to the State and or the vehicles carrying the same were seized by the Forest Officer.
Upon a report of the said seizure, show cause numberice was issued to the respondent by the authorized officer as to why vehicle shall number be companyfiscated.
In Sujit Kumar Ranas case, however, an order of companyfiscation was passed by the authorized officer.
On or about 5.1.1996, the High Court of Calcutta passed an ex parte order directing that custody of the truck be given to the owner on his executing a bond to the satisfaction of the Divisional Forest Officer with a further direction that the same would number be taken out of the territorial limit of the State of West Bengal.
The Divisional Forest Officer filed an application for vacating the said order of the High Court, which was rejected by the High Court.
The owner of the truck replied to the said numberice, praying for release of the same.
v. Sujit Kumar Rana, show cause numberices issued by the forest authority purported to be issued under the provision of Section 59 B of the Act, as amended by the State of West Bengal or the seizure of the forest produce or the vehicles carrying the same, came to be questioned by the respondents before the Calcutta High Court invoking its jurisdiction under Section 482 of the Code of Criminal Procedure.
The factual matrix, for appreciating the points involved herein is being numbericed from Criminal Appeal No.
under the provisions of Indian Forest Act, 1927 hereinafter referred to as the Act as amended by the State of West Bengal is in question in these appeals which arise out of a companymon judgment and order dated 27.6.1996 passed by the Calcutta High Court.
