MOHAMMAD AKHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these matters are connected matters and as such they have been heard together and are being disposed of by this common order at the stage of admission itself.

(2.) IN all the cases the petitioners have filed the application for the release of their vehicles, which have been admittedly seized either by the police officials or by the forest authorities in exercise of power under Section 52 of Indian Forest Act as amended by Bihar (Amendment) Act, 1989 (Bihar Act 9/90) (hereinafter referred to as the Bihar Amendment Act) for illegal transportation of Katha (Catechu) and Khair wood in contravention of provisions of the Indian Forest Act as well as for quashing the confiscation proceeding pending before the authorised officer under the Act.

(3.) IN Cr. W.J.C. No. 582/94 the petitioner claims himself to be the owner of the truck bearing No. BHB 6555 which has been seized by the Range Officer, Rajhandi on 24.8.1994 at 11.00 A.M. While he alongwith other members was on patrolling duty he saw the truck in question going away speedly towards Chauparan on the Bhankar -Kamba road. He got the truck stopped. Two persons, namely, driver and Khalasi were apprehended but the owner, namely the petitioner managed to run away. On search one tone of Khair wood and also Katha biscuits kept in a box inside the truck were found. The truck, Khair wood and Katha biscuits were seized and two persons were apprehended and after preparing the seizure list the Range Officer made a report to the Addl. Chief Judicial Magistrate, Kodarma about the aforesaid fact with further statement that a detail report will be submitted after enquiry. It further appears that confiscation proceeding being Confiscation Case No. 56/94 has been initiated by the authorised Forest Officer, Kodarma and information of the same has been given to the Court on 26.8.1994. The petitioner filed an application before the Addl. Chief Judicial Magistrate for release of the vehicle which was rejected on 6.9.1993 on the ground that as the confiscation proceeding under Section 52 of the Indian Forest Act as amended by the Bihar Amendment Act is pending -hence the application is not maintainable.