Amendment status not verified — confirm the current text below against the official source.
Added vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660, dt.5.5.2003. 30 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. NOTES (1) Section 56 - Seizure of vehicle, seizes and planks belonging to the petitioner by Forest Officials–Initiation of confiscation proceeding– Authorised Officer closed the proceeding and directed release of seized vehicle and articles on the ground that produce seized do not attract the provisions of Forest Act–Petitioner filed writ petition claiming compensation for the illegal seizure and detention of the vehicle–No malafide shown on behalf of the Forest Officials and initiation of confiscation proceeding was in accordance with law–Held, claim of compensation not tenable : (2012) 51 OCR - 352. (2) Section 56 - Seizure of vehicle for transportation of Sal and Kurum planks without T.T. Permit-confiscated by authorised officer–Appeal was dismissed by District Judge–Vehicle was seized by Police and handed over to forest department–Enquiry was conducted by the Forester–Rule 4(2) of Odisha Forest (Detection, Enquiry and Disposal of Forest Offences) Rules, 1980 not complied with–Confiscation order sed-aside–Vehicle released in favour of petitioner : (2012) 51 OCR - 258. (3) Section 56 - Odisha Timber and Other Forest Produce Transit Rules, 1980 - Rule 4 - Transportation of teak logs - No document produced in support of such transportation - Confiscation proceedings - Appeal against order of confiscation passed by Authorised Officer allowed - Writ - Findings of fact arrived at by the appellate authority on examination of the oral and documentary evidence - High Court in a writ petition has hardly any jurisdiction to disturb the said finding of fact unless it is proved that such finding is perverse and without any evidence to support the same - Rule 4(2) of the 1980 Rules has also not been followed in the manner prescribed under the Rule : 2012 (I) OLR 933, (2012) 52 OCR - 511. (4) Section 56 - Confiscation proceeding - Petitioner claim that no forest produce was seized - Doors, which are finished products, belonging to them, were found in the seized vehicle - Authorised Officer found that sizes and planks shown to have been seized in the seizure list were in fact dismantled parts of the doors - Held, seized articles are finished products for which the seizure itself has been held to be unjustified - Reassembling dismantled sizes and planks to doors would involve availing of services of carpenter - Petitioners have to incur expenses for the same - Cost to reassemble 8 nos. of doors is assessed at Rs. 2400/- Direction issued : 2012 (I) OLR 433, (2012) 51 OCR - 349. (5) Section 56 - Confiscation proceedings - Appellate authority set aside the confiscation proceeding holding that the forest department failed to adduce evidence regarding commission of forest offence - Writ - Appellate authority has jurisdiction to consider an appeal by re-appreciation of evidence on record - Both questions of law as well as fact may be dealt with in appeal - Little scope for re-appraisal of evidence in a writ proceeding - 31 Discussing the facts, findings and evidences held Authorised Officer does not appear to have considered such evidence which squarely supports the owner’s plea that seized wood were dismantled parts of old wooden furniture - State has failed to make out any cogent ground for interference - Direction issued - Cost assessed at Rs. 5,000/- payable to the owner : 2012 (Supp. I) OLR - 539, (2012) 51 OCR - 267. (6) Section 56 - Vehicle seized for committing offence under the Act, 1972 - Order of confiscation of the vehicle - Writ with prayer to deliver the vehicle on depositing cost as assessed - Held, O.P. No. 3 may assess the value of the aforesaid vehicle and send the same to O.P. No. 2- It will be open for the O.P. No. 2 to release the vehicle in favour of the petitioner on his depositing the value of the vehicle, as assessed by the O.P. No. 2 : 2010 (I) OLR 16 : 109 (2010) CLT 599. (7) Sections 56, 64 - Odisha State Financial Corporation Act, 1951 - Confiscation proceeding - Vehicle financed by O.S.F.C. and under hire purchase agreement - Release of the sale proceeds - Discussing the facts, contention and provisions of law held, by virtue of the provision in Section 56 read with Section 64(2) of the Act, 1972, the action taken for confiscation of the vehicle cannot be extended to grant protection of the loan advanced by the O.S.F.C. : 2008 (I) OLR (FB) 796 : AIR 2008 Ori. 119 : (2008) 40 OCR 52. (8) Section 56 - Vehicle seized for illegal transportation of Arguna Kanda - Confiscation proceeding - Release of vehicle - Relying in the case reported in 2003 (II) OLR 530, direction for release of vehicle on conditions stated : 2007 (II) OLR 605 : (2007) 38 OCR 276 : CLT (2007) Supp. Crl.