MANOJ KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is the owner of a truck bearing registration No. BR-06C-9592. Said truck was seized on 1-2-2001 by the Forester, Bihta while it was transporting illegal Sisam fuel wood and the driver of the truck failed to produce any document authorising transportation of suck fuel.

(2.) A confiscation proceeding under Section 52 of the Indian Forest Act as amended by Bihar Act 9 of 1990 (hereinafter referred to as the Act) was initiated by the Divisional Forest Officer-cum-Authorised Officer. Petitioner appeared before the authorised officer and pleaded that he was not aware of the requirement of obtaining transport permit for transporting the forest produce and accordingly prayed for compounding the of- fence. The authorised officer by order dated 24-4-2001 (Annexure-4), however, directed for confiscation of the fuel wood as also the truck. Aggrieved by the same, petitioner preferred appeal and the appellate authority i.e. the Collector by order dated 22-3-2002 (Annexure-5) dismissed the same. Revision filed by the petitioner also did not yield any fruitful result and the revisional authority i.e. the Secretary, Forest and Environment Department of the Government of Bihar, by order dated 15-2-2003 (Annexure-1) dismissed the revision application.

(3.) In this application prayer of the petitioner is for quashing the orders of the authorised officer, appellate authority and the revisional authority whereby the truck of the petitioner has been confiscated.