JUDGMENT : B.R. Sarangi, J. 1. The State of Orissa and its functionaries, being the petitioners, have filed this application seeking to quash judgment dated 12.12.2011 passed in FAD No. 07 of 2011 by the learned District Judge, Dhenkanal vide Annexure-2 reversing the order dated 18.03.2011 passed by the Authorized Officer-cum-DFO, Dhenkanal Forest Division, Dhenkanal in OR Case No. 80 KE of 2009-10 and directing release of the seized truck bearing registration no. OR/04/D-6551 in favour of its owner forthwith. 2. The factual matrix of the case, in hand, is that on 11.02.2010 at about 9.00 P.M., while the Range Officer, Kamakhyanagar East Range, along with his staff, on getting a confidential information regarding illegal transportation of timbers from Kankadahad forest to Sukinda, was waiting for detection of the same at Batagaon chhaka, at about 3.30 A.M. night one vehicle came from Kankadahad side. When the Range Officer signaled to stop the vehicle, the driver stopped it before 50 ft. ahead. Thereafter, when the staff rushed towards the vehicle, some occupants and the driver of the vehicle went away from the spot and due to night, they could not catch hold them. During checking by the staff, it was found that the said vehicle (truck bearing registration no. OR/04/D-6551, having duplicate number plate bearing registration No. OR 19-0-7482) was loaded with 28 nos. of teak logs measuring about 3.1945 cum. On demand/interrogation, the persons sitting inside the vehicle could not be able to produce any valid document or authority in support of transportation of the timbers and confessed their guilty and admitted that the owner and driver of the seized vehicle fled away from the spot before arrival of the forest staff. On the spot, forest guard seized the vehicle, along with the timbers loaded, and prepared a seizure list. After preliminary inquiry by the forest guard, report was submitted before the Range Officer, who submitted necessary papers before the A.O.- cum-DFO, Dhenkanal Division for initiation of a confiscation proceeding under Section 56 of the Orissa Forest Act, 1972 (hereinafter referred to "Act, 1972") in respect of the offending vehicle, as it was found to be involved in commission of a forest offence. 2.1. The A.O.-cum-Asst. Conservator of Forests, Dhenkanal conducted hearing and finally the vehicle bearing registration no. OR/04/D-6551 and the seized forest 'produce were confiscated to the Government vide order dated 18.03.2011. 2.1. The A.O.-cum-Asst. Conservator of Forests, Dhenkanal conducted hearing and finally the vehicle bearing registration no. OR/04/D-6551 and the seized forest 'produce were confiscated to the Government vide order dated 18.03.2011. Against, the said order, the opposite party preferred appeal bearing FAO No. 07/2011 before the learned District Judge, Dhenkanal, who, after hearing the parties, came to hold that since the inquiry, as contemplated under Rule-4 of Orissa Forest (Detection, Enquiry and Disposal of Forest Offence) Rules, 1980 (hereinafter referred to "Rules, 1980") was not carried out, resulting in depriving the opposite party herein of his asset, i.e., a truck and it was incumbent upon the authority to comply with the requirements of law and failure to do so, is fatal to the prosecution, and thus directed to release the vehicle bearing registration no. OR/04/D-6551 in favour of the owner of the vehicle forthwith. Hence this application. 3. Mr. D.K. Pani, learned Addl. Standing Counsel for the petitioners strenuously urged that the inquiry as contemplated under Rule-4 of Rules, 1980 has no application to the confiscation proceeding under Section 56 of the Act, 1972. Therefore, the findings arrived at by the learned District Judge to the extent that the provisions contained under Rule-4 of Rules, 1980, having not been carried out, the order of confiscation suffers from jurisdictional error, is absolutely an error apparent on the face of record. It is further contended that even if there is no evidence that the timbers were cut and removed from Kankadahad Forest, the same is not fatal to the prosecution case. It is contended that seizure of timber does not require to be made in presence of the independent witnesses, thereby, the strict rule of evidence is not applicable to the 'confiscation proceeding. As such, in a proceeding under Section 56 of the Act, 1972, the department has to, simply show prima facie material indicating involvement of concerned vehicle in the forest offence. Thereby, the learned District Judge committed error apparent on the face of record in interfering with the findings of the Authorized Officer and also reversing the same in the order impugned. Thereby, the learned District Judge committed error apparent on the face of record in interfering with the findings of the Authorized Officer and also reversing the same in the order impugned. To substantiate his contention, he has relied upon the judgments of this Court rendered in the cases of Anatha Sandhu Mandal v. State of Orissa, 2015 (II) OLR (FB) 1; Guru Charan Singh v. State of Orissa, 2005 (Supp.) OLR 921; Gurudev Singh Rai v. Authorized Officer, 1992 (I) OLR 305 ; and Malatilata Samal v. State of Orissa, 2002(II) OLR 216 . 4. Pursuant to notice dated 07.08.2014, M/s. Saroj Kumar Dash, S.P. Dash and A. Tripathy, Advocates had entered appearance on behalf of the opposite party by filing vakalatnama on 06.11.2019. Though their names have been indicated in the cause list as well as in the brief, at the time hearing, none has entered appearance on behalf of the opposite party. Since it is an old case of the year 2012, this Court did not feel inclined to grant any further adjournment, rather proceeded to decide the writ petition, being a certiorari proceeding, on the basis of the materials available on record. 5. This Court heard Mr. D.K. Pani, learned Addl. Standing Counsel appearing for the petitioners-State and perused the record. Considering the arguments advanced by learned Addl. Standing Counsel for the petitioners and looking at the impugned order dated 12.12.2011, it appears that the learned District Judge has come to a definite finding that due to non-conduct of independent inquiry by the Range Officer, Kankadahad, East Range Division, after the preliminary inquiry was conducted by the forest guard, initiation of proceeding under Section 56 of the Forest Act vitiates the mandatory provisions as envisaged under sub-rule (2) of Rule-4 of Rules, 1980. Therefore, for just and proper adjudication of the case, the relevant provisions of Orissa Forest Act, which has been amended from time to time, are extracted below: "RELEVANT PROVISIONS OF "THE ACT" as it stood prior to Orissa Act 9 of 1983 also known as the Orissa Forest (Amendment) Act, 1982. "56. Therefore, for just and proper adjudication of the case, the relevant provisions of Orissa Forest Act, which has been amended from time to time, are extracted below: "RELEVANT PROVISIONS OF "THE ACT" as it stood prior to Orissa Act 9 of 1983 also known as the Orissa Forest (Amendment) Act, 1982. "56. Seizure of property liable to confiscation : (1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all to 0/5, ropes, chains, boats, vehicles or 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 a mark indicating that the same has been so seized and shall as soon as may be, except where the offender agrees in writing to get the offence compounded, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the Seizure has been made: Provided that, when the forest produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior and the Divisional Forest Officer. (3) The property seized under this section shall be kept in the custody of a Forest Officer or with any third party, until the compensation for compounding the offence, is paid or until an order of the Magistrate directing its disposal is received. Explanation : For the purposes of this section and Section 59, cattle shall not include buffaloes, bulls, cows, calves and oxen. 58. Action after seizure : Upon the receipt of any such report the Magistrate shall, except where the offence has been compounded, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law. 59. Forest produce, tools, etc. liable to confiscation : (1) All timber or forest produce, which is not the property of Government and in respect of which a forest offence has been committed, and all tools, ropes, chains, boats, 'vehicles and cattle used in committing any forest offence, shall be liable to confiscation. 59. Forest produce, tools, etc. liable to confiscation : (1) All timber or forest produce, which is not the property of Government and in respect of which a forest offence has been committed, and all tools, ropes, chains, boats, 'vehicles and cattle used in committing any forest offence, shall be liable to confiscation. (2) Such confiscation may be in addition to any other punishment provided for such offence. 60. Disposal on conclusion of trial for forest offence of produce in respect of which it was committed : When the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed shall, if it is the property of Government or has been confiscated, be taken charge of by or under the authority of the Divisional Forest Officer, and in any other case, may be disposed of in such manner as the Court may direct. 64. Property when to vest in Government: When an order for the confiscation of any property has been passed under Section 59 or Section 61, as the case may be, and the period limited by Section 63 for filing an appeal from such order has elapsed, and no such appeal has been preferred or when, on such an appeal being preferred, the appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the State Government free from all encumbrances. 71. Power to try offence summarily; Any Management of the First Class specially empowered in this behalf by the State Government may try summarily under the Code of Criminal Procedure, 1898, any forest offence punishable with imprisonment for a term not exceeding one year, or with fine not exceeding one thousand rupees, or with both. 72. 71. Power to try offence summarily; Any Management of the First Class specially empowered in this behalf by the State Government may try summarily under the Code of Criminal Procedure, 1898, any forest offence punishable with imprisonment for a term not exceeding one year, or with fine not exceeding one thousand rupees, or with both. 72. Power to compound of offences : (1) Any Forest Officer specially empowered in this behalf by the State Government may accept as compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed, any forest offence other than an offence under Section 66 or Section 67: (i) a sum of money not exceeding fifty rupees where such offences is of a trivial nature and involves forest produce the market value of which does not exceed twenty-five rupees;, (ii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times such value as estimated by such Forest Officer, in addition to the market value of the forest produce, where such offence involves any forest produce which in the opinion of the Forest Officer may be released; (iii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times such value as estimated by such Forest Officer, where such offence involves forest produce which in the opinion of the Forest Officer should be retained by the Government: (2) On receipt of the sum of money referred to in Sub-section (1) by such officer: (i) the accused person, if in custody, shall be discharged; (ii) the property seized shall, if it is not to be so retained, be released; and (iii) no further proceedings shall be taken against such person or property; 82. Additional powers to make rules : (1) The State Government may make rules: (a) to prescribe and limit the powers and duties of any Forest" Officer under this Act: (b) to regulate the rewards to be paid to officers and informants out of the proceeds of fines and confiscations under this act; (c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and (d) generally, to carry out the provisions of this Act. (2) All rules made under this Act shall, as soon as may be after, they are made, be laid before the State legislature for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if "during the said period, the State legislature makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form so, however, that such modifications shall be without prejudice to the validity of anything previously done under the rules." RELEVANT PROVISIONS OF THE ORISSA FOREST (AMENDMENT) ACT, 1982, which is also known as Orissa Act 9 of 1983, for short "the 1983 Act". "8. Amendment of section 56 : In section 56 of the Principal Act: (a) in sub-section (2), after the words and comma "to get the offence compounded", the following -Words and brackets shall be inserted, namely:- "either produce the property seized before an officer not below the 7 rank of an Assistant Conservator of Forest authorized by the State government in this behalf by notification (hereinafter referred to as the 'authorised officer') or"; (b) after sub-section (2), the following new sub-sections shall be inserted, namely: "(2-a) Where an authorized officer seizes any forest produce under sub-section (1) or where any such 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 forest produce so seized or produced together with all tools, ropes, chains, boats, vehicles or cattle 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 of 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, vehicle or cattle shall be made if the owner thereof proves to the satisfaction of the authorized officer that it was used 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, vehicle or cattle, in committing the offence and that each of them had taken all reasonable and necessary precautions against such use. (2-d) Any forest officer below the rank of a Conservator of Forests empowered by the Government in this behalf by notification, may within thirty days from the date of the order of confiscation by the authorized officer under sub-section (2-a), either suo motu or on application, call for and examine the records of the case and may make such inquiry or such inquiry to be made and pass such orders as he may think fit.: 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 Judge having jurisdiction over the area in which the property has been seized, and the District Judge shall after giving an opportunity to the parties to be heard, pass such order as he may think fit 8 and the order of the District Judge so passed shall be final." 10. Amendment of section 59 : In section 59 of the Principal Act, in sub-section (1), the words and figure "unless an order of confiscation has already been passed in respect thereof under section 56" shall be added at the end. 11. Amendment of section 59 : In section 59 of the Principal Act, in sub-section (1), the words and figure "unless an order of confiscation has already been passed in respect thereof under section 56" shall be added at the end. 11. Amendment of section 64 : In Section 64 of the Principal Act, shall be re-numbered as sub-section (1-) thereof and after sub-section (1) as so re-numbered, the following new sub- section shall be added, namely;- "When an order of confiscation of any property passed under section 56 has been become final under that section in respect of the whole or any portion of the property, such property or the portion thereof as the case may be, shall vest in the State Government free from all encumbrances. 12. Insertion of new section 64-A : After section 64 of the principal Act, the following new section shall be inserted, namely: "64-A. Confiscation to be no bar to imposition of other penalty : An order of confiscation made under section 56 shall not act as a bar to the imposition of any other penalty to which the offender is liable under this Act or the rules made thereunder". 14. Amendment of section 72 : In section 72 of the Principal Act, in sub-section (1): (a) for the words and figures "any forest offence other than an offence under section 66 or section 67". the words, figures and brackets "any forest offence (other than an offence under section 66 or section 67 or an offence in committing which a vehicle has been used)," shall be substituted; (b) the following proviso shall be added at the end, namely: "Provided that no such offence as is referred to in clause (ii) or clause (iii) shall be compounded if the market value of the forest produce involved exceeds one hundred rupees. RELEVANT PROVISIONS OF THE ORISSA FOREST (AMENDMENT) ACT, 2000, which is also known as Orissa Act 12 of 2003, for short "the 2003 Act". "8. RELEVANT PROVISIONS OF THE ORISSA FOREST (AMENDMENT) ACT, 2000, which is also known as Orissa Act 12 of 2003, for short "the 2003 Act". "8. Amendment of Section 56 : In Section 56 of the principal Act: (a) In Sub-section (2), after the words, "offence compounded", the words and figure "under Section 72" shall be inserted; (b) In Sub-section (2 a), for the words "he may" the words "he shall" shall be substituted; and (c) To Sub-section (3), the following proviso shall be added, namely: "Provided that the seized property shall not be released during pendency of the confiscation proceeding or trial even on the application of the owner of the property for such release." 13. Amendment of Sections 71 & 77 : In Section 71 and in clause (c) of Sub-section (1) of Section 7 of the principal Act: (a) for the figure "1898'~ the figure "1973" shall be substituted; and (b) for the marginal references "5 of 1898" and "45 of 1898" the marginal references "2 of 1974" shall be substituted." RELEVANT PROVISIONS OF THE ORISSA FOREST (AMENDMENT) ACT, 2010, which is also known as Orissa Act 9 of 2011, for short "the 2011 Act". "2. Amendment of Section 72 : In Section 72 of the Orissa Forest Act, 1972, in the proviso to Sub-section (1), for the words "one hundred rupees", the words "five thousand rupees" shall be substituted." RELEVANT PROVISIONS OF "THE ACT" AS THOSE STAND TODAY. "56. Seizure of property liable to confiscation : (1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, ropes, chains, beets, vehicles, or cattle used in committing any such offence may be seized by any Forest Officer or Police Officer. "56. Seizure of property liable to confiscation : (1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, ropes, chains, beets, vehicles, or 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 a mark indicating that the same has been so seized and shell, as soon as may be, except where the offender agrees in writing to get the offence compounded, under Section 72 either produce the property seized before an officer not below the rank of an Assistant Conservator of Forests authorised by the State Government in this behalf by notification (hereinafter referred to as the authorised officer) or make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made: Provided that, when the forest produce with respect to which such offence IS believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a 10 report of the circumstances to his official superior and the Divisional Forest Officer. (2-a) When an authorised officer seizes any forest produce under sub-section (1) or where any such 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 shall order confiscation of the forest produce so seized or produced together with all tools, rapes, chains, boats, vehicles or cattle 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 times as may be specified in the notice against the grounds for confiscation; and (c) a reasonable opportunity of being heard in the manner. (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, vehicle or cattle shall be made if the owner thereof proves to. (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, vehicle or cattle shall be made if the owner thereof proves to. the satisfaction of the authorised officer that it was used 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, vehicle or cattle, in committing the offences and that each of them had taken all reasonable and necessary precautions against such use. (2-d) Any Forest Officer not below the rank of a Conservator of Forests empowered by the Government in this behalf by notification, may, within thirty days from the date of the order of confiscation by the authorised officer under sub-section (2-a), either suo motu or on application, call far and examine the records of the case and may make such inquiry or cause such enquiry to be made and pass such order as he may think fit: 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 Judge having jurisdiction over the area in which the property has been seized, and the District Judge shall after giving an opportunity to the parties to be heard, pass such order as he may think fit and the order of the District Judge so passed shall be final. (3) The property seized under this section shall be kept in the custody of a Forest Officers or with any third party, until the compensation for compounding the offence is paid or until an order of the Magistrate directing its disposal is received. Provided that the seized property shall not be released during pendency of the confiscation proceeding or trial even on the application of the owner of the property for such release. Explanation : For the purposes of this section and Section 59, cattle shall not include buffaloes, bulls, cows, calves and oxen. 58. Provided that the seized property shall not be released during pendency of the confiscation proceeding or trial even on the application of the owner of the property for such release. Explanation : For the purposes of this section and Section 59, cattle shall not include buffaloes, bulls, cows, calves and oxen. 58. Action after seizure : Upon the receipt of any such report the Magistrate shall, except where the offence has been compounded, with all convenient despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law. 59. Forest produce, tools, etc., liable to confiscation : (1) All timber or forest produce which is not the property of Government and in respect of which a forest offence has been committed, and all tools, ropes, chains, boats, vehicles and cattle used in committing any forest offence, shall be liable to confiscation unless an order of confiscation has already been passed in respect thereof under Section 56, (2) Such confiscation may be in addition to any other punishment provided for such offence. 60. Disposal on conclusion of trial (or forest offence of produce in respect of which it was committed : When the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed shall, if it is the property of Government or has been confiscated be taken charge of by or under the authority of the Divisional Forest Officer, and in any other case, may be disposed of in such manner as the Court may direct. 64. Property when to vest in Government : (1) When an order for the confiscation of any property has been passed under Section 59 or Section 61, as the case may be, and the period limited by Section 63 for filing an appeal ' from such order has elapsed, and no such appeal has been preferred or when, on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the State Government free from all encumbrances. (2) When an order of confiscation of any property passed under Section 56 has become final under that section in respect of the whole or any portion of the property, such property or the portion thereof, as the case may be, shall vest in the State Government free from encumbrances. 64-A. Confiscation to be no bar to imposition of other penalty : An order of confiscation made under Section 56 shall not act as a bar to the imposition of any 12 other penalty to which the offender is liable under this Act or the rules made thereunder. 71. Power to try offences summarily : Any Magistrate of the First Class specially empowered to this behalf by the State Government may try summarily under the Code of Criminal Procedure, 1973, (2 of 1971) any forest offence punishable with imprisonment for a term not exceeding one year, or with fine not exceeding one thousand rupees, or with both. 72. 71. Power to try offences summarily : Any Magistrate of the First Class specially empowered to this behalf by the State Government may try summarily under the Code of Criminal Procedure, 1973, (2 of 1971) any forest offence punishable with imprisonment for a term not exceeding one year, or with fine not exceeding one thousand rupees, or with both. 72. Power to compound of offences : (1) Any Forest Officer specially empowered in this behalf by the State Government may accept as compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed any forest offence (other than an offence under Section 66 or Section 67 or an offence in committing which a vehicle has been used): (i) a sum of money not exceeding fifty rupees where such offence is of a trivial nature and involves forest produce the market value of which does not exceed twenty-five rupees; (ii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times such value as estimated by such Forest Officer, in addition to the market value of the forest produce, where such offence involves any forest produce which in the opinion of the Forest Officer may be released; (iii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times such value as estimated by such Forest Officer, where such offence involves forest produce which in the opinion of the Forest Officer should be retained by the Government: Provided that no such offence as is referred to in Clause (ii) or Clause (iii) shall be compounded if the market value of the forest produce involved exceeds five thousand rupees. (2) On receipt of the sum of money referred to in sub-section (1) by such officer: (i) the accused person, if in custody, shall be discharged; (ii) the property seized shall, if it is not to be so retained, be released; and (iii) no further proceedings shall be taken against such person or property. 82. (2) On receipt of the sum of money referred to in sub-section (1) by such officer: (i) the accused person, if in custody, shall be discharged; (ii) the property seized shall, if it is not to be so retained, be released; and (iii) no further proceedings shall be taken against such person or property. 82. Additional powers to make rules : (1) The State Government may make rules: (a) to prescribe and limit the powers and duties of any Forest Officer under this Act; (b) to regulate the reward to be paid to officers and informants out of the proceeds of fines and confiscations under this Act; (c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and (d) generally, to carry out the provisions of this Act. (2) All rules made under this Act shall, as soon as may be after, they are made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if during the said period, the State Legislature makes modifications, if any, therein, the rules shall thereafter ' have effect only in such modified form, or, however, that such modifications shall be without prejudice to the validity of anything previously done under the rules. THE RELEVANT PROVISIONS OF "THE 1980 RULES" "S.R.O. No. 56/80 :In exercise of the powers conferred by clause (d) of sub-section (1) of Section 82 of the Orissa Forest Act, 1972 (Orissa Act 14 of 1972), the State Government do hereby make the following rules, namely: 1.(1) These rules may be called the Orissa Forest (Detection, Enquiry and Disposal of Forest offence) Rules, 1980. (2) They shall come into force on the date of their publication in the Official Gazette 2. (1) In these rules, unless the context otherwise requires: (i) "Act" means the Orissa Forest Act, 1972; (ii) "Accused" means any person who committed or in respect of whom it may be reasonably inferred that he has committed or abetted the commission of a forest offence;. (iii) "Case record" means the records of a case relating ' to any forest offence maintained by a Forest Officer under these Rules; (iv) "Form II means a form appended to these rules. (iii) "Case record" means the records of a case relating ' to any forest offence maintained by a Forest Officer under these Rules; (iv) "Form II means a form appended to these rules. (2) All words and expressions, used but not defined in these rules' shall have the meanings/respectively assigned to them In the Act. 3. (1) When a forest offence is detected and booked it shall be dealt with in the manner hereinafter provided. (2) The forest officer who detects any forest offence under any of the provisions of the Act/shall draw a report in Form No. 1 which shall form a part of the case record. (3) A list in duplicate of articles seized shall be prepared by the officer detecting the offence/in Form No. II, and a copy of the seizure list shall be made over to the accused person/where the accused is known and his signature shall be obtained in the duplicate copy of the said seizure list. The duplicate copy of the seizure list shall form a part of the case record. (4) The report of seizure required to be made to the Magistrate under sub-section (2) of Section 56 of the Act shall be in Form No. III/and a copy of the report shall be retained in the case record when the report is so made. 4. (1) When a forest offence Is detected, a preliminary enquiry may be held by a Forester in charge of the Section, who shall forward his enquiry report along with the Report in Form No. 1 to the Range Officer concerned, soon after his preliminary enquiry is completed: Provided that no enquiry may be held by any such Officer, if the accused who has committed a forest offence, other than an offence under Sections 66 and 67 of the Act agrees, and files a petition to that effect in Form No. 4 to get the offence compounded under Section 72 of the Act. and to pay compensation therefore. Such application in Form No. IV shall also form a part of the case record. (2) An enquiry into the forest offence shall thereafter be held by an officer not below the rank of a Range Officer. and to pay compensation therefore. Such application in Form No. IV shall also form a part of the case record. (2) An enquiry into the forest offence shall thereafter be held by an officer not below the rank of a Range Officer. (3) The enquiry report together with the case record shall be submitted to the Divisional Forest Officer by the Range Officer in all cases in which the Divisional Forest Officer is not competent to compound under Rule 7 and where the accused persons do not opt to compound the offence. 5. Every accused who agrees under Rule 4 to get the offence compounded shall immediately deposit in advance an amount as determined by the Forest Officer not below the rank of a Forester towards the probable compensation within the meaning of Section 72 of the Act. On receipt of such amount the forest officer concerned shall issue a receipt in Form No. V duly signed by him. Provided that the acceptance of any amount as aforesaid by the Forest Officer shall be without prejudice to any decision that may be taken by the Forest Officer specially empower under Section 72 of the Act having regard to the quantum 'of compensation in conformity with the clauses (i) to (iii) of sub-section (1) of the said Section. 6. Any forest produce seized from an accused shall not immediately be released on receipt of the amount of advance towards probable compensation under Rule 5 but shall be retained with the Forest Officer concerned until an order in 15 this behalf is issued by the competent authority under Section 72 of the Act. 7. Where the accused files the petition under Rule 4/the Forest Officer specially empowered under Section 72 of the Act may compound the case by passing an order in this behalf in Form No. VI. The order shall in all such cases be communicated to the accused immediately by or through the Range Officer/as the case may be. 8. When the Forest Officer empowered under Section 72 refused to compound an offence/the amount that was received as advance towards probable compensation from the accused under Rule 5 shall be refunded to him by the Range Officer on receipt of the order in that behalf from such Forest Officer. 9. The compounding order once passed shall be final and no appeal shall lie against such order. 10. 9. The compounding order once passed shall be final and no appeal shall lie against such order. 10. (1) In the event where the amount of compensation ordered under Rule 7 becomes higher than the amount deposited under Rules, the differential amount shall be paid by the accused to the concerned Range Officer within thirty days from the date of issue of the compounding order. (2) In case of default in such payment under sub-rule (1), the Divisional Forest Officer shall take action to recover the balance amount as provided under Section 87 of the Act. 11. Where the accused does not opt to compounded the offence or the Forest Officer empowered refused to compound the offence and for all cases under Sections 66 and 67 of the Act, the Divisional Forest Officer may forward the offence report in Form No. VII along with the report in Form No. 1 to the Magistrate having jurisdiction for prosecution of the offender. 12. All rules corresponding to these rules and in force prior to the commencement of these rules are hereby repealed. Provided that orders made, notices issues, compensation levied, imposed or assessed, proceeding instituted and sent for prosecution and all actions taken and things done under any of the provisions of the rules so repealed shall be deemed to have been respectively made, issued, levied, imposed or assessed, instituted, taken or done under these rules." 6. On perusal of the aforementioned provisions, it appears that enquiry into forest offence under Rule-4 is a prelude to launching of prosecution and Rule-4 should be read along with Rule-II in a harmonious manner to get a complete picture. The word "enquiry" is given an independent interpretation; it no way helps the case of the opposite party. Therefore, such an enquiry cannot be sine qua non prior to initiation of confiscation proceeding as the enquiry proceeds on the assumption of existence of forest offence. Once existence of forest offence is not disputed, the Authorized Officer can proceed for confiscation of forest produce with all tools, chains, vehicles, etc. Besides, since Sections (2-a), (2-b) & (2-c) of Section 56 of Act, 1972 came much later, on this ground also, Rules, 1980 cannot be made applicable to confiscation proceeding before the authorized officer. 7. Once existence of forest offence is not disputed, the Authorized Officer can proceed for confiscation of forest produce with all tools, chains, vehicles, etc. Besides, since Sections (2-a), (2-b) & (2-c) of Section 56 of Act, 1972 came much later, on this ground also, Rules, 1980 cannot be made applicable to confiscation proceeding before the authorized officer. 7. The learned District Judge has, in support of the conclusion arrived in the order impugned, placed reliance on the judgments rendered in the case of Rabinarayan Sahu v. Forest Range Officer of Sorada Range, 2008 (II) OLR 592 and Ashok Kumar Sahoo v. Forest Range Officer, Nayagarh, 2011 (II) CLR 422. But, it would not be out of place to mention, since there was conflict of decision, the law laid down by the this Court in Rabiranayan Sahu (supra) was referred to the Full Bench and their Lordships of the Full Bench in Anatha Sandhu Mandal (supra) have categorically held that Rule-4 of Rules, 1980 is not applicable, to the confiscation proceeding initiated under Section 56 of the Act, 1972 before the Authorized Officer. Therefore, in view of the law laid down by the Full Bench of this Court, the findings arrived at by the learned District Judge is contrary to the provisions of law to the extent applicable under Rule-4 of Rules, 1980 to a confiscation proceeding. Thereby, there is apparent error on the face of record committed by the learned District Judge in passing the order impugned. 8. Thereby, there is apparent error on the face of record committed by the learned District Judge in passing the order impugned. 8. For better appreciation, Section 2 (g) of The Orissa Forest Act, 1972 is quoted below: "forest produce" includes: (i) the following whether found in, or brought from a forest or not, that is to say: (a) timber, charcoal, caoutchouc catechu, wood- oil, resign, natural varnish, bark, tussay cocoon, lac, gums, roots of Patal garuda, mohua flowers, mohua seeds, myrabolans, kendu leaves, sandalwood, tamarind, hill- broom, sieti leaves, siali fibres, sal seeds; (b) wild animals and wild birds, skins, tusks, horns, bones and all other part or produce of wild life; and (c) such other produce as may be notified by the State Government; and (ii) the following when found in or brought from a forest that is to say: (a) trees and leaves, flowers and fruits and all other parts or produce of trees not hereinbefore mentioned; (b) plants not being trees (including grass, creepers, reeds, and moss) and all parts or produce of such plants; (c) honey, wax and arrowroot; (d) peat, surface oil, rock, sand and minerals (including limestone, laterite, mineral oils and all products, of mines of quarries)." 9. Sub-section (1) of Section 56 which provides that when there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, ropes, chains, boats, vehicles or cattle used in committing any such offence may be seized by any Forest Officer or Police Officer. The timbers have been included within the definition of forest produce and admittedly the same has been seized from the vehicle of which opposite party is the owner. If the forest produce, which has been seized, is liable to be confiscated under Section 56 of the Forest Act, 1972, therefore, the findings arrived at by the learned District Judge, that no evidence has been adduced on behalf of the prosecution that the timbers were cut and removed from Kankadahad forest, have no justification in view of the fact that the timbers, being the forest produce, have been seized and for that purpose the provisions contained in Section 56 of Act, 1972 is applicable, irrespective of the fact that any evidence was led or not by the prosecution that the timbers were cut and removed from Kankadahad forest. Therefore, non-adducing of evidence by the prosecution that seized forest produce were cut and removed from Kankadahad forest, cannot be said to be fatal to the prosecution. 10. In Gurucharan Singh (supra), this Court held that in initiation of proceeding under Section 56 of the Orissa Forest Act, the department has to simply show prima facie materials indicating involvement of the concerned vehicle in a forest offence. If such onus is discharged by the Department, then the burden shifts on the owner of the vehicle to establish that he had no knowledge or connivance in commission of the forest offence and that he had taken all reasonable and necessary precaution against misuse of the vehicle by the driver or his agent. Once this was established and once the opposite party offered no evidence to show that he had taken reasonable and necessary precaution against use of the vehicle in any illegal work, the protection provided under sub-section (2-c) of Section 56 of the Act is not available. In view of such position, the plea advanced by the learned District Judge in the order impugned that the prosecution has failed to adduce evidence that the timbers were cut and removed from Kankadahad forest, is not a requirement, rather it is established that the department has shown prima facie materials indicating involvement of the vehicle in question in commission of forest offence. Therefore, the reasons given by the learned District Judge cannot sustain in the eye of law. 11. In Gurudev Singh Rai (supra), this Court held that if a forest offence is committed even with knowledge or connivance of driver, the vehicle would be liable for confiscation even though owner might not have any knowledge or connivance. To escape from order of confiscation, it must be proved that all necessary and reasonable precautions were taken to prevent the offence. Therefore, in absence of such materials, the learned District Judge could not have come to such a conclusion for releasing the confiscated vehicle in favour of the opposite party. Similar view has also been taken in Malatilata Samal (supra),' wherein this Court held that for the wrong committed by the driver, the owner is also liable. 12. Therefore, in absence of such materials, the learned District Judge could not have come to such a conclusion for releasing the confiscated vehicle in favour of the opposite party. Similar view has also been taken in Malatilata Samal (supra),' wherein this Court held that for the wrong committed by the driver, the owner is also liable. 12. The findings arrived at by the learned District Judge that prosecution has failed to substantiate the actual timbers and the seizure, is based on surmises and conjectures, inasmuch as there is no dispute that the timbers were seized from the offending vehicle and the seizure list was produced by the seizure officer and, as such, Section 56 of the Forest Act does not require seizure of forest produce to be made before any independent witness and the strict rule of evidence is not applicable to the confiscation proceeding. Rather, the Department has to simply show the prima facie materials indicating involvement of concerned vehicle in the forest offence. Thereby, the authorized officer is justified in confiscating the vehicle, while considering the materials available on record. 13. Considering the factual and legal aspects of the matter, this Court arrives at a conclusion that the order impugned has been passed by the learned District Judge, Dhenkanal without appreciating the materials available on record and law laid down by this Court, as discussed above, in their proper perspective. Therefore, the order dated 12.12.2011 in Annexure-2 passed by the learned District Judge cannot sustain in the eye of law and the same is liable to be quashed and hereby quashed. Consequentially, the order passed by the Authorized Officer on 18.03.2011, which was communicated on 22.03.2011, is upheld. The opposite party is directed to produce the vehicle in question before the Authorized Officer-cum-DFO, Dhenkanal Forest Division, Dhenkanal forthwith for compliance of the order dated 18.03.2011. 14. The writ petition is thus allowed. However, there shall be no order as to costs.