RAMANUJ PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners in these two cases are respectively the owners of the truck bearing registration No. UP-65-H-5025 and the quicklime being carried on the truck which were seized at Tilauthu Check post in the district of Rohtas.

(2.) ACCORDING to the respondent authorities Tilauthu check post is within Nawadih protected forest. The truck was unauthorisedly and illegally carrying quicklime which is a forest produce and, therefore, both the truck and its consignment were liable to seizure and confiscation under the provisions of the Indian Forest Act, 1927 ('the Act', hereinafter).

(3.) SURESH Lohiya was a case of bamboo mat and the question before the Court was whether bamboo mat could be held to be a forest produce within the meaning of Section 2(4)(b)(i) and (ii). It was in the context of the articles enumerated in Sub clauses (i) and (ii) of Clause (b) of Sub-section (4) of Section 2 of the Act that it was held and observed in para 8 of that decision as follows: