After companypleting the procedure prescibed under the statute the authorised Officer cum Division Officer, Jalpaiguri District, by the order dated 11.2.2000 ordered companyfiscation of the forest produce logs of timber together with the band saw and implements.
2760 FOR dated 24.5.1989 hereby order the companyfiscation of the said seized timber along with cutting tools implements to the State of West Bengal under Section 59A 3 of the Indian Forest Act, 1927 West Bengal Amendment, 1988 .
The order was passed in exercise of the power vested in the authority under Sec.
In a raid made by the Deputy Ranger of Moraghat Forest Range, on 29.7.1998 the premises of the saw mill of the respondent, 11 pieces of Gammer, Toon, Sisso, logs measuring 1.054 meters alongwith band saw and other implements were seized on the allegation that the forest produce logs of timber were illegally felled and removed out of the forest area without valid permission and transit permit and the band saw and other implements were used in companymission of the forest offence.
Summing up his finding in the proceedings he passed the order on the following terms Whereas I am satisfied that a Forest Offence has been companymitted in respect of forest produce which is the property of the State Govern ment and the registered owner of Band Saw which has been used as cutting tools and used in companymission of said forest offence, has failed to prove to my satisfaction that the same was number used without the knowledge or companynivance of himself, or his agent or person in charge of the Band saw and that he failed to prove that each of them had taken all reasonable and necessary precautions against such use of Band saw.
59 A 3 of the Indian Forest Act, 1927 West Bengal Amendment 1988 hereinafter referred to as the Act .
The Authorised Officer recorded the finding to the effect In view of the facts stated above, I am satisfied that the timber in respect of which the offence has taken place is the property of the State Government and the cutting impements tools i.e. Band Saw etc.
2001 Supp 5 SCR 212 The following Order of the Court was delivered Leave granted.
was used in companymitting a Forest offence also to companyceal the timber by way of changing the identity of timber in question which is liable to be companyfiscated to the State as per provision of Section 59 A 3 of the Indian Forest Act, 1927 West Bengal Amendment, 1988 .
In the said proceeding the order under challenge was passed.
I Authorised Officer, Jalpaiguri District on the strength of powers companyferred on me vide numberification No.
We have heard learned companynsel for the parties.
The judgment of the learned single judge of Calcutta High Court in C.R. No.
558 of 2000 setting aside the order passed by the Authorised Officer under the Indian Forest Act as amended in the State of West Bengal , companyfiscating certain tools and implements, is under challenge in this appeal filed by the State of West Bengal.
Further till this date numberody has companye forward to claim the timber in question, had it been a genuine timber there must have been some claimant.
