UMA SHANKAR RAI Vs. KISHUN RAI @ KISHUN PRASAD

JUDGEMENT

(1.) The petitioners pray for quashing the order dated 9.8.2003 passed by the Secretary-Respondent no. 2, in Confiscation Revision Case No. 12 of 2002 by which he has affirmed the order dated 29.4.2002, passed by the District Magistrate, Nalanda in Forest Appeal No. 13/01, as well as order dated 12.10.2001, passed by the respondent no. 4 Authorised Officer-cum Divisional Forest Officer, in Confiscation Case No. 12 of 2001.

(2.) (a) Petitioner no. 1 is a partnership firm consisting of three partners. Petitioner no. 2 is the driver of the truck bearing no. BRD 5657. The case of the petitioners is in narrow campass; On 30.6.2001, the petitioners' truck, bearing no. BRD 5657 had gone to Nawadah for lifting metal stones for personal use. The truck after loading 250 Cft of metal chips from leased mine of one Rajeshwar Singh, a permit holder, was returning. On the way, one of the tyres of the truck burst on the main road near Rajgir.

(3.) The petitioners state that the truck was seized by the Range Officer on the main road near Rajgir but a seizure list has been prepared showing seizure of the truck in 'Tola-Sunder Ban' within protected forest of Rajgir.