PARMANAND SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE truck bearing Registration No. BHF -2961 was intercepted and it was found carrying 20 logs of Sesame tree by the forest authorities. A proceeding for its confiscation was initiated under Section 52(3) of the Indian Forest Act (as amended by Bihar Act 9/90) hereinafter referred to as the Act. The Authorised Officer, by its order dated 7.3.1999 (Annexure -5/1), directed for confiscation of the vehicle as also the Sesame logs. Aggrieved by the same, petitioner preferred appeal as provided under section 52 -A of the Act which was registered as Confiscation Appeal No. 458. of 1999 and the Appellate Authority i.e., the District Magistrate, Katihar, by order dated 16.1.2000, dismissed the appeal. Thereafter, the petitioner preferred application for revision as contemplated under section 52 -B of the Act and the revisional authority, by order dated 6.1.2001 (Annexure -7), dismissed the revision application. Aggrieved by the aforesaid orders, petitioner has preferred this application and prays for quashing of the said orders.

(2.) WHILE assailing the impugned orders, Mr. Ambastha the learned counsel for the petitioner contends that the petitioner had instructed his driver not to carry any contraband article in the truck and, in fact, he was asked to carry bananas in the same, but the truck driver, at the point of pistol, was forced to transport the Sesame logs. In his submission, as the truck driver was forced to carry the Sesame logs, in view of Section 52(S) of the Act, the vehicle in question is not fit to be confiscated.

(3.) HERE , in the present case, the authorised officer has given detail reasons as to why the plea put forth by the petitioner is not fit to be accepted.