RAJ KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present application for quashing a part of the order dated 21-9-1994 by which the appeal filed by the petitioner against the order of confiscation of the truck in question has been dismissed by the Deputy Commissioner, Ranchi (Respondent No. 2).

(2.) The facts necessary for disposal of the present application are that the truck in question, bearing registration No. BPV 8715, was seized by the police officer on the allegation that timber was being carried away on the said truck in contravention of the provisions of the Indian Forest Act (hereinafter referred to as the Act). A police case, being Hatia P.S. Case No. 261/92 under Sections 414/413 of the Indian Penal Code read with Sections 41/42 of the Indian Forest Act was registered against the petitioner and Ors.

(3.) The petitioner filed an application before the Chief Judicial Magistrate for the release of the truck which was rejected by him on the ground that a confiscation proceeding has already been initiated, as reported by the competent authority to him, under the provisions of the Act, as amended by Bihar (Amendment) Act 9/89. The petitioner challenged the aforesaid order Cr. W. J.C, No. 92 of 1994 (R). In that case a counter-affidavit was filed on behalf of the State wherein it was stated that a confiscation order has already been passed by the authority on 16-12-1993. Thereafter, this Court finally disposed of the aforesaid criminal writ application on 26-4-1994 with an observation that the petitioner should file an appeal before the appellate authority against the order of confiscation.