KALENDRA KUMAR SINGH SON OF SRI RAM CHANDRA SINGH Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard Mr. Jaiswal for the petitioner and Mr. Prasoon Sinha, G.A.2 for the State. Considering the grievance raised in this application and the order this Court proposes to pass, it is not necessary to await for filing of counter affidavit by the respondents. In fact, parties have agreed for disposal of the matter at this stage.

(2.) The petitioner claims to be the owner of Dumper bearing registration mark and No. JH01E/0896, Chasis No. 388094 LXZ 124064, Engine No. 26L622-46151, Model 2003. The said Dumper/vehicle was seized on 31.12.2012 in connection with Forest Case No. 62 of 2012 instituted under diverse provisions of the Forest Act. Following institution of the case, a confiscation proceeding was also initiated to confiscate the said vehicle vide Confiscation Case No. 54 of 2012. Upon notice, the petitioner appeared thereat and filed his reply/show cause for dropping the proceeding. It is submitted on behalf of the petitioner that the vehicle of the petitioner is kept uncared for since 31.12.2012 and is losing its value/efficacy every passing day. The said vehicle should be directed to be provisionally released in favour of the petitioner upon imposition of certain conditions. It is submitted that relying on ratio laid down by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat since reported in (2002) 10 SCC 283 , diverse orders have been passed by this Court for provisional release of the vehicle on imposition of conditions as may be deemed and proper by the Confiscating Authority.

(3.) Mr. Sinha, learned counsel for the State, on the other hand, points out that from bare reading of the writ application, it appears that no such request has ever been made before the concerned Confiscating Authority which has been considered and rejected by the Confiscating Authority.