EKHTIYAR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner being aggrieved by the order dated 15.6.2002 passed in revision case no. 12 of 2001 by the respondent no. 2 (Secretary, Forest and Environment Department, Govt. of Bihar, Patna) (Annexure -12) under which he has confirmed the order passed by the Collector, Kaimur in confiscation appeal no. 8/2001/2002 on 18.9.2001 which arose out of the confiscation case no. 58/2000 and the order dated 29.6.2001 passed by the Divisional Forest Officer, Sasaram has come to this Court.

(3.) THE case of the Department was that if the permit was issued on 22.12.2000 and as the same was not used and exploited upto 24.12.2000 then it would lead to a presumption adverse to the interest of the petitioner. The Department also says that the change of the driver also shows an illegal motive on the part of the petitioner. The further stand of the Department was that the goods were seized in the forest area at the time of evening, therefore, and as the petitioner was using the said permit for second time the Department was justified in seizing the vehicle and confiscating the same.