KEDAR SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have filed this writ application for quashing the order of confiscation (Annexure-4), passed by respondent No. 2, the Divisional Forest Officer and for release of their vehicle bearing No. U. P. F. 7233.

(2.) It is not disputed that the petitioners are the owners of truck No. U. P. F. 7233 which is a public carrier. The said truck was seized on 5-2-1993 at about 5 p.m. at Danapur. Twenty one bags of Katha Biscuits weighing 445 Kgn. were recovered from the said truck. Thereafter the Katha biscuits as well as the truck were seized. Prosecution report was sent to the Additional Chief Judicial Magistrate, Chatra, for prosecution of the petitioners. Respondent No. 2, the Divisional Forest Officer of South Forest Division, Chatra, directed the petitioners to show course as to why the truck be not confiscated under Section 52(3) of the Indian Forest Act, 1927 as amended by Indian Forest (Bihar Amendment) Act, 1989 (hereinafter to be referred to as the Forest Act). In response to the show-cause notice the petitioners appeared before the Respondent No. 2 and filed their show cause and respondent No. 2 as per his order dated 19-1-1992 as contained in Annexure-4 confiscated the truck of the petitioners.

(3.) During the pendency of this writ petition, a division Bench of this Court as per order dated 21-5-1993 directed the release of the truck and in pursuance thereof the truck of the petitioners is said to have been released. So the matter concerning confiscation only is now to be considered.