PYARE BIND Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This intra-court appeal has been filed by the appellant, who was the writ petitioner, being aggrieved by the dismissal of the writ petition by order dated 12.09.2012, passed in C.W.J.C. No. 13028 of 2012.

(2.) We have heard learned counsel for the appellant-writ petitioner and with his consent are disposing of this intra-court appeal at this stage itself.

(3.) The writ petitioner-appellant is the owner of a tractor which he had purchased after taking loan from the Bank. He had intended to use it for agriculture purposes. It appears that the Forest Range Officer intercepted the tractor carrying 100 pieces of Patia (stones chips) which were allegedly forest produce for which no paper could be produced. Accordingly, forest case was instituted and proceeding of confiscation under the provisions of the Indian Forest Act was taken up. After hearing the writ petitioner-appellant, confiscation order was passed which was not interfered with in appeal or in revision. The result was that not only 100 Patias were ordered to be confiscated being forest produce being illegally transported, the tractor was also ordered to be confiscated.