EDWIN JOEL ALIAS JOEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition is maintain able before this Court.

(2.) In this petition, the petitioner has moved this Court against the two orders Of the Courts below refusing to release car bearing registration No. JKG 7572, registered in the name of the petitioner. It is allegation that contraband Katha was being carried on the said car. The Courts below have refused to release the said car on the ground that the confiscation case is likely to start. It is unfortunate that the two Courts below did not look to the provision of section 52 of Chapter IX of the Indian Forest Act, 1927, which authorises confiscation, apart from the forest product, all tools, boats, carts or cattle used. It nowhere refers to motor vehicles. The statute in clearest term states what can be confiscated. There is no scope for any creative approach to section 52 of the Act by inclusion of any motor vehicle as well in the statute.

(3.) I, therefore, allow this petition, quash the two orders passed by the Courts below and direct the aforesaid motor car to be released to the petitioner on furnishing security to the satisfaction of the trial Court, with a further direction to the petitioner that the car in question should be produced in Courts from time to time, as and when required. Petition allowed.