KRISHNA VIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dated 14-7-2011 passed by the Principal Secretary, Forest Department, Bihar in Revision Case No. 4 of 2011 by which he has affirmed the order dated 28-1-2011 passed by the learned District Magistrate, Aurangabad in Forest Appeal No. 52/09 and order dated 14-10-2009 passed by Authorized Officer-cum-For-est Officer in confiscation Forest Case No. 14/09 by which tractor of the petitioner has been confiscated. It appears that the petitioner who is the owner of tractor along with trailer bearing registration No. BR 26A-2575 were seized by Forest Officers on 26-6-2009 on the allegation that the said vehicle was being loaded in Gamahariya protected forest area with about 50 cft. Moram and in respect of which Confiscation Case No. 14 of 2009 came to be registered. In the process the driver of the vehicle Jagdish Muiya was also arrested.

(2.) Against the seizure of the tractor and trailer the petitioner approached the District Magistrate, Aurangabad in Appeal Case No. 52/2009 raised the plea that it was out of ignorance and inadvertence on the driver's part that the tractor had entered the protected forest area and that the petitioner being the owner had no knowledge of such infraction.

(3.) The appellate authority dismissed the appeal but, however, side by side also directed that the challan which was not available at the time of seizure but, produced by the petitioner subsequently, be verified by the Mines Development Officer.