ARIF KAMAL KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) This application has been filed by the petitioner, who is the owner of the truck bearing Registration No. HR 38K 0403, for a direction to the respondents to release the same. Petitioner's case is that he has purchased this truck through Financer and is paying monthly instalment of Rs. 30,000/- to the financer. The truck was engaged on the relevant date by the transport contractor for carrying wood. On relevant date the truck loaded with wooden logs was coming from Allahabad to Gaya. During the course of transportation the vehicle in question was intercepted by the Divisional Forest Officer, Gaya for committing the offence Under Sections 41 and 42 of the Indian Forest Act. The vehicle in question was seized on 13.8.2005 and Confiscation case No. 8 of 2005 was intimated. The truck was forwarded with the seized articles, before the Court of Divisional Forest Officer, Gaya. Petitioner's anxiety is that seized vehicle which has been purchased through financer, if remain under seizure for a long time, it will be damaged. Petitioner will also suffer huge monetary loss.

(3.) Counsel for the petitioner submits that under Section 52(3) of the Indian Forest Act there is provision for seizure of forest produce when there is reason to believe that forest offence has been committed in respect of any forest produce. Section 3 of Section 52 is subject to the provision of Section 5 of the Forest Act. No order of confiscation under Sub-section (3) of any tools, arms boats, vehicles, ropes, chains or any other article (other than the forest produce seized) shall be made if any person referred to in Clause (b) of Sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, vehicle, chains other article were used without his knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against use of the objects aforesaid for commission of forest offence.