T. SURYA RAO, J. ( 1 ) THE State through the public Prosecutor seeks to file the present revision case impugning the judgment passed by the learned Sessions Judge, visakhapatnam, in Criminal Appeal No. 5 of 2000 dated 11-4-2000. ( 2 ) THE facts lie in a narrow compass. On 23-8-1999 at about 6. 00 a. m. , the forest Officer found one van bearing Noap-31-T-5394 proceeding from K. D. Peta to anakapalle carrying 44 Nos. of gannara rough worth Rs. 2,378. 38 ps. Since the vehicle contained the forest produce and is being transported without any valid permit, the forest officials seized the vehicle laid the forest produce under a panchanama and registered a case in forest offence No. 62/ 98-99 (DOR No. 43/99-2000) on the file of the Divisional Forest Officer. Thereupon, after giving notices to both the parties, the learned Divisional Forest Officer conducted an enquiry, as contemplated under Section 44 (2-B) of the Andhra Pradesh forest Act, 1967 (for brevity the Act ) which culminated in an order confiscating the vehicle. ( 3 ) HAVING been aggrieved by the said order, the owner of the vehicle filed Criminal appeal No. 5 of 2000 before the Sessions court, Visakhapatnam. The learned Sessions judge by his judgment now being impugned, directed return of the vehicle after setting aside the order passed by the Divisional forest Officer on 10-12-1999. ( 4 ) HAVING been aggrieved by the said judgment dated 11-4-2000 passed in Criminal appeal No. 5 of 2000 by the learned Sessions judge, Visakhapatnam, the State now seeks to file the present revision case. ( 5 ) SURPRISINGLY, oblivious of the relevant provisions germane in the context for consideration under the Act, the appeal has been entertained on criminal side by the learned Sessions Judge, Visakhapatnam. Section 44 of the Act insofar as it is relevant for the present purposes may be extracted hereunder for brevity and better understanding of the matter :"44. Seizure of property liable to confiscation procedure thereupon : (1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber, or forest produce, together with all tools, ropes, chains, boats vehicles and cattle used in committing any such offence may be seized by any forest officer or police officer. (2) Every officer seizing any property under this section shall place on such property or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall, except where the offender agrees in writing forthwith to get the offence compounded without any unreasonable delay either produce the property seized before an officer not below the rank of an Assistant Conservator of forests authorised by the Government in this behalf by notification (hereinafter referred to as the authorised officer) or make a report of such seizure to the magistrate: provided that where the timber of forest produce with respect to which such offence is believed to have been committed is the property of the Central or State Government and the offender is not known, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to the divisional Forest Officer. (2-A) Where an authorised officer seizes under sub-section (1) any timber or forest produce or where any such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest offence has been committed, in respect thereof, he may order confiscation of the timber or forest produce so seized or produced together with all tools, ropes, chains, boats or vehicles used in committing such offence. (2-B) No order confiscating any property shall be made under sub-section (2-A) unless the person from whom the property is seized is given, (a) a notice in writing informing him of the grounds on which it is proposed to confiscate such property; (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation; and (c) a reasonable opportunity of being heard in the matter. (2-C) Without prejudice to the provisions of sub-section (2-B) no order of confiscation under sub-section (2-A) of any tool, rope, chain, boat or vehicle shall be made if the owner thereof proves to the satisfaction of the authorised officer that it was used in carrying the property without his knowledge or connivance or the knowledge or connivance of his. agent, if any, or the person in charge of the tool, rope, chain, boat or vehicle in committing the offence and that each of them had taken all reasonable and necessary precautions against such use. (2-D ). agent, if any, or the person in charge of the tool, rope, chain, boat or vehicle in committing the offence and that each of them had taken all reasonable and necessary precautions against such use. (2-D ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provided that no order prejudicial to any person shall be passed without giving him an opportunity of being heard. (2-E) Any person aggrieved by an order passed under sub-section (2-A) or sub-section (2-D) may within thirty days from the date of communication to him of such order, appeal to the District Court having jurisdiction over the area in which the property has been seized, and the district Court shall after giving an opportunity to the parties to be heard, pass such order as it may think fit and the order of the District Court so passed shall be final. (3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 6 ) A perusal of the said provisions shows that the Divisional Forest Officer, who is competent, is expected to conduct an enquiry and pass the necessary order whenever there is a reason for him to believe that a forest offence has been committed in respect of the forest produce together with vehicle. Such order passed by the Divisional Forest Officer is an appealable order and the appeal lies to the district Court. What the Section 44 of the act clearly envisages is an appeal before the District Court. Such order passed by the Divisional Forest Officer is an appealable order and the appeal lies to the district Court. What the Section 44 of the act clearly envisages is an appeal before the District Court. ( 7 ) TWO Division Benches of this Court in Nehrulal Makadia v. State of A. P. , 1987 (2) ALT 171 (DB) and in Forest Range officer v. P. Ananthaiah, 1990 (2) APLJ 461 (DB), have clarified the position that the appeal as envisaged under sub-section (2-E) of Section 44 of the Act to the District court must be on civil side, but, not on criminal side. A circular has also been issued to this effect by the High Court on administrative side to all the District Courts to entertain the appeals against the orders passed by the Divisional Forest Officer on civil side as civil Miscellaneous Appeal" or as "forest Appeal". Entertaining the appeal on criminal side itself is in utter disregard to the provisions of sub-section (2-E) of Section 44 of the Act, the two Judgments referred to supra of this court, and the circular issued by the High court to all the Subordinate Courts. ( 8 ) BE that as it may, as against the order of the District Court, no further proceeding is maintainable in view of the mandatory provisions of sub-section (2-E) of Section 44 of the Act, which says that the order passed by the District Court on the appeal preferred against the order of the Divisional Forest Officer shall be final. Therefore, the criminal revision case is not maintainable. Suffice, to dispose of the present revision case, without adverting to the effect of entertaining the appeal on criminal side, and all other relevant considerations on merits. Keeping in view the Full Bench Judgment of this Court in government of Andhra Pradesh v. D. Kanakamma, 1998 (5) ALD 436 = 1998 (5) alt 171 (FB), the revision case itself is not maintainable. ( 9 ) IN the result, the Criminal Revision Case is dismissed on the question of maintainability. ( 10 ) A Copy of this order shall be communicated to the learned District and sessions Judge, Visakhapainam, by name.