RAGHU NANDAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ application, the petitioner has prayed for issuance of appropriate, writ/order or direction for quashing the order dated 18.4.2000 passed by the Forest Commissioner -cum -Secretary of the Department of Forest and Environment in Case No. VANMUK (C) -26/98 whereby he has set aside the order dated 23.9.1998 passed by the Deputy Commissioner, Hazaribagh being the appellate authority in Confiscation Appeal No. 34/97. BY the said order dated 23.9.1998, the Deputy Commissioner as appellate authority ordered for release of the vehicle in favour of the petitioner.

(2.) THE facts of the case in a nut shell is that a Maruti van belonging to the petitioner was seized by the Forest Officials on the allegation that about 5 legs, of Katthas (Khair) was found in the dicky of the Maruti van. After making seizure a police case was registered being Case No. 692/96. Besides criminal case, a Confiscation proceeding was initiated being Confiscation Case No. 6/96 and show -cause notice was issued to the petitioner by the Confiscating authority namely Forest Officer -cum -Divisional Forest Officer, Hazaribagh asking the petitioner to show -cause as to why trie Maruti van should not be confiscated.

(3.) MR . P.D. Agarwal, learned Counsel appearing for the petitioner assailed the impugned order passed by respondent No. 2 revisional authority as being illegal and wholly without jurisdiction. Mr. Agarwal mainly contended that the revision application itself was not maintainable against the interim order passed by the appellate authority. In this connection, learned Counsel relied upon a single Bench decision of this Court in the case of Ganesh Ram Dokania v. State of Bihar and Ors. 2000 (1) PLJR 232.