ORDER 23.03.2011 — Heard Mr. Nayak, learned counsel for the petitioner, and Mr. Rath, learned Additional Standing Counsel. This writ petition has been filed for a direction to the opposite parties to release the seized Tassar Cocoons & the original T.T. Permit in favour of the petitioner and with a further prayer to direct opposite party no.2 not to institute any forest offence case against the petitioner. The case of the petitioner is that the Tassar Cocoons was seized from his house premises and he is a reeler of Tasar Cocoons and has expertise knowledge, skill and experience in reeling work. The Tassar Cocoons was allotted to the Weavers’ Co-operative Society Ltd., Lurupalli and Subarna Meher of the same district by the Orissa Co-operative Tasar and Silk Federation Ltd, Bhubaneswar for reeling the same. The petitioner has been authorized by the allottees to receive the allotted Tassar Cocoons directly from the Lahunipada Branch of the Orissa Co-operative Tasar and Silk Federation Ltd., Bhubaneswar for reeling purpose. But the forest officer unauthorizedly seized the same. The Tassar Cocoons are getting damaged day by day. In fact no T.T. Permit is necessary. He further submits that there was valid Transit permit in the name of the society and since there is no notification u/s 1(3) of the Orissa Forest Produce (Control of Trade) Act, 1981, the seizure was illegal. Therefore, he prays to release the Tassar Cocoons in favour of the petitioner since the goods belongs to the Weavers’ Co-operative Society. Mr. Rath, learned Additional Standing Counsel submits that in the present case, since petitioner is not a member of the society and the permit having been issued by the Assistant Director of Sericulture, Sundargarh on the recommendation of the Branch Manager, Lahunipada without any authority, the opposite parties seized the tasar cocoons from the possession of the petitioner which is legal, justified and in accordance with the provisions contained in the Orissa Forest Produce (Control of Trade) Act, 1981. He further submits that Section 13(1) of the Orissa Forest Produce (Control of Trade) Act, 1981 provides that no person shall engage himself in retail sale of any specified forest produce except under a license granted under this Act. In the instant case, the allottees have sold the cocoons to the petitioner, who is a third party with intension to make profit defeating the very policy of the Government. In the instant case, the allottees have sold the cocoons to the petitioner, who is a third party with intension to make profit defeating the very policy of the Government. Even T.T. Permit papers and bill issued by the Assistant Director, of Sericulture, Sundergarh being assisted by the Branch Manager, Lahunipada SERIFED Branch and the documents have been deliberately prepared to deliver the materials to third party who has no authority and locus-standi to buy or keep the same. Pursuant to this Court’s order dated 17.2.2011, an affidavit has been filed by the Under Secretary to Government, Forest and Environment Department from which it appears that till date, no notification under Section 1(3) of the Orissa Forest Produce (Control of Trade) Act, 1981 has been made. For ready reference Section 1(3) of the sad Act s quoted below for ready reference:- “1. Short title, extent and commencement- (1) This Act may be called the Orissa Forest Produce (Control of Trade) Act, 1981; xxxxxx (2) It shall come into force in such area or areas and in relation to such forest produce and on such date or dates as the State Government may, from time to time, by notification, specify in this behalf.” Although Tassar Cocoon has been included in the definition of “Forest Produce” u/s 2 (C) of the Act, it is yet to be notified as a specified forest produce in relation to the specified area under sub-section 3 of Section 1 of the Act. Since notification has been made, the provision under Section 13 of the Act is not applicable. In view of the above position, admittedly, there being no notification under Section 1(3), there can be no violation of the Orissa Forest Produce (Control of Trade) Act, 1981. In the instant case, the petitioner has been duly authorized to receive the cocoons from Luhunipada Branch for reeling. Accordingly, this Court quashes the seizure list under Annexure-6 and directs the opposite parties to release the seized tasar cocoons and original T.T. permit in favour of the petitioner immediately. The writ petition is accordingly disposed of. Issue urgent certified copy. Petition disposed of.