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The opposite parties have filed their counter affidavit justifying the necessity of transit permit in respect of transport of leaf plates and leaf cups made out of Sal leaves.

3. The first question that arises for consideration is whether the Sal leaves can be held to be "forest produce" ?

Section 2 (g) of the Orissa Forest Act, 1972 defines "forest produce" as follows :

"Sec. 2(g) : "Forest produce" includes -

(i) the following whether found in, or brought from a forest or not, that is to say -