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2009 DIGILAW 556 (JK)

Reyaz Ahmad Rah v. Divisional Forest Officer

2009-11-16

MUZAFFAR HUSSAIN ATTAR

body2009
1. It is true that forest life is dependant on the tress standing therein and forest are co-related to the human life as well. Damage to forests by felling tress unauthorizedly will cause damage to human life as well. It is, in this backdrop, amendments have been made in the J&K Forest Act, 1987 (for short "Act of 1987"). 2. However, more the law is stringent more duty is cast on the authorities to follow the procedure provided by statute in arriving at a conclusion. The consequences under the Act of 1987, in respect of vehicles, which are allegedly used for transportation/carrying of the forest products are penal in nature. Since the consequences of the provisions are penal, so strict compliance with the mandate of law is to be adhered to. 3. Petitioner claims to be owner of the vehicle bearing Registration No. JK03/0101, which was seized by Forest authorities in the intervening night of 15th and 16th January, 2007 near village Momandanjipora allegedly carrying illicit timber. The authorities after seizing vehicle and illicit timber carried therein, referred the matter to the authorized officer for initiation of confiscation proceedings in respect of seized vehicle and timber. The authorized officer on 9th April, 2008 passed an order for confiscation of the seized vehicle as also the seized timber. 4. Being aggrieved of the said order, revision petition was filed before the Court of Principal Sessions Judge, Anantnag. Revisional Court dismissed the revision petition vide order dated 26th November, 2008. Petitioner being aggrieved of the said order challenged the same before this Court under Section 561-A Cr.P.C. 5. Mr. Magray, learned Senior Additional Advocate General appearing for respondents submitted that petition is not maintainable and sought time to produce law on the point. Despite opportunity, learned counsel could not produce the law to show that this petition is not maintainable. 6. Heard learned counsel for the parties. Considered the matter. 7. Authorized Officer has recorded a finding that it cannot be reasonably assumed that commission of forest offence has been committed within the knowledge of the owner. The authorized officer, however, simultaneously observed that it was obligatory on the part of the owner to maintain proper vigil about the plying of vehicle. Considered the matter. 7. Authorized Officer has recorded a finding that it cannot be reasonably assumed that commission of forest offence has been committed within the knowledge of the owner. The authorized officer, however, simultaneously observed that it was obligatory on the part of the owner to maintain proper vigil about the plying of vehicle. The relevant paragraph of the order of the authorized officer is reproduced as under: "........From the foregoing texts it can reasonably assumed that the commission of forest offence has been done without knowledge of the owner. But it is obligatory on the part of the owner to maintain proper check of plying of the vehicle thus owned by him and ensure that no unlawful act of work is carried out by the vehicle thus owned by him/her. Therefore, the law does not provide any support to him being innocent as the commission of forest offence has taken place" 8. Learned Principal Sessions Judge without considering this aspect of the matter dismissed the revision petition on the count that there is no legal proof available on record to suggest that petitioner is owner of the vehicle. 9. Section 26 of Act of 1987, when resorted to, results in consequences, which are penal in nature. This provision is thus to be construed strictly. Learned Principal Session Judge has not adverted his judicial attention to the said provision of law. 10. This petition deserves to be allowed. The order passed by Learned Principal Sessions Judge is accordingly quashed in order to secure the ends of justice. The case is remitted back to the learned Principal Sessions Judge, Anantnag. Learned Principal Sessions Judge, Anantnag to reconsider the matter and pass appropriate order in accordance with law, after hearing the parties. Disposed of along with all connected CMP(s).