STATE OF BIHAR Vs. KEDAR SAO

JUDGEMENT

(1.) Special leave granted in S.L.P. (C) Nos. 1140-1141 of 1998.

(2.) Common and identical questions of law are involved in these appeals and, therefore, they are dealt with together. Criminal Appeal No. 231 of 1996:

(3.) On receipt of secret information, the Range Officer of Forests, Simariya Range, Chatra South Forest Division, along with a team of forest officials chased a truck bearing Registration No. UPF 7233 and seized about 445 Kgs. of illicit Katha together with the truck in exercise of powers under Section 52 of the Indian Forest (Bihar Amendment) Act, 1990 (hereinafter referred to as "Bihar Amendment Act, 1990") near Danapur, on 5-2-1991. The seizure list was said to have been sent to the Additional Chief Judicial Magistrate, Chatra, by his letter dated 6-2-1991. On 11-3-1991, the Divisional Forest Officer, Chatra South Division, the Authorised Officer, as per notification dated 2-1-1991 under Section 5 of the Bihar Amendment Act, 1990, informed the Additional Chief Judicial Magistrate regarding initiation of action. The Range Officer was said to have submitted prosecution report against the respondents M/s. Kedar Sao and Prem Kumar that the investigation in the matter revealed that the katha seized was illegally manufactured after illegal cutting of Khair trees from Delhho, Jarhi, Kori, Chardram and Sima protected forest within the Chatra South Forest Division and sought for the confiscation of the seized truck. After hearing the respondents, the Authorised Officer by his order dated 19-1-1992 ordered confiscation of the truck seized, as above, in exercise of the powers under Section 52 of the said Act. The respondents filed an appeal before the Appellate Authority constituted under Section 52A of the said Act, viz. The Deputy Commissioner, Chatra.