JUDGMENT
P.G. Agarwal, J.
1. This revision has been filed by the petitioner Under Article 227 of the Constitution of India, challenging the order dated 23.7.2002, passed by the learned Sessions Judge, Sonitpur, Tezpur, in Criminal Appeal No. 3 (S-D/2000, whereby the order of confiscation of truck, bearing registration No. AR-057-0145, passed by the D.F.O., Sonitpur, was set aside.
2. The relevant facts leading to the present petition, in brief, are that the vehicle No. AR-05/-0145 was seized by the Forest Department and a case Under Sections 24/25 and 40, 41 and 49(1) of the Assam Forest Regulation (Amendment) Act, 1995 was initiated and, thereafter, a proceeding for confiscation of the seized truck Under Section 49(4) of the AFR (Amendment) Act, 1995 was taken up by the D.F.O. A notice was issued to the respondent-owner of the vehicle and, thereafter, the authorised officer passed an order of confiscation on 21.1.2000. The respondent, Smt. Maya Dolo, thereafter, filed a Criminal Appeal No. 3(S-1)/2000 before the learned Sessions Judge, Sonitpur, who vide the impugned order set aside the order of confiscation and, hence, this writ petition.
3. Learned counsel appearing for the petitioner, D.F.O., has challenged the impugned order passed by the learned Sessions Judge, Sonitpur solely on the ground that the learned Sessions Judge had no jurisdiction to entertain the appeal opposing the impugned order. Rule 49-C of the Assam Forest Regulation (Amendment) Act, 1995 reads as follows :
“49-C. Appeals. – Any person aggrieved by an order Under Section 49(4) or Section 49-B may, within thirty days from the date of communication to him of such order, prefer an.appeal to the District Judge having jurisdiction over the area in which the property has been seized and the District Judge shall, after giving a reasonable opportunity of being heard to the parties, pass such order either varying, confirming, modifying, annulling or setting aside the order appealed against the order of the Court so passed shall be final.”
4. Thus, we find that the prayer to entertain an appeal lies with the District Judge and not with the Sessions Judge and admittedly, the impugned order was passed by the learned Sessions Judge, Sonitpur; whereas the provision of 49-C clearly stipulates that the appeal lies to the District Judge.
5. Thus, apparently, we find that the Sessions Judge lack the jurisdiction to entertain the appeal and pass any order under 49-C.
6. We have examined the matter from another angle, as the respondent has not appeared before us in spite of receipt of notice. The District and Sessions Judges in Assam are generally one person. The District Judge also holds a similar jurisdiction like that of the Sessions Judge and they are named as District and Sessions Judge. Hence, the Sessions Judges may assume the power as they are functioning as District Judges. A similar question was raised in the case of Superintendent of Police, Manipur and Ors. v. R.K. Kamalsana Singh, AIR 1984 Supreme Court 535. In that case, at the relevant time, the Office of the Inspector General of Police, Manipur and Chief Commissioner of Manipur, both were held by one person and, as such, a submission was made that the order passed by the Inspector General of Police may be deemed to have been passed by the Chief Commissioner of Manipur and there might have been a mere error in describing the authority. The Apex Court, however, held that the power is conferred by the statute on the statutory authority and as such, the said power can be exercised by that authority alone and the factum, that one person is exercising two separate authority, is irrelevant.
7. In view of the above, we hold that the impugned order passed by the learned Sessions Judge suffers from virus or lack of jurisdictional authority, as the learned Sessions Judge, Sonitpur has no jurisdiction to entertain such application under Clause 49-C. Accordingly, the writ petition is allowed and the impugned order is set aside. The respondent, if she so desires, may file appeal before the competent authority, i.e.. the District Judge, Sonitpur.