ANIL KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application, filed under Articles 226 and 227 of the Constitution of India is for quashing the orders dated 25. 11. 93 (Annexure-5), 23. 1. 94 (Annexure-8) and 8. 8. 94 (Annexure-10) and for issue of a writ of mandamas commanding the respondents to release truck bearing registration no. UP77-9929 to the petitioner.

(2.) THE facts relevant for disposal of the application may briefly be stated. The petitioner is a resident of Kanpur and he is the owner of a truck bearing registration no. UP-77-9929. The truck in question was plying as a public goods carrier. On 2. 10. 93 the truck left Kanpur for Patna with potato bags. The consignment was loaded through Kailash Goods Carrier, Kanpur, and after unloading the consignment at Patna the driver Sri Ram Naresh Sharma was under instruction to go to Jharia for loading coal and for its carriage from Jharia to Kanpur. The petitioner received a notice from the Divisional Forest Officer, Koderma, (respondent no. 4) vide his letter no. 2225 dated 8. 10. 93 calling upon him to show cause as to why the truck be not confiscated for carrying Khair wood in an illegal manner. The petitioner who thereafter appeared before respondent no. 4 made enquiries and learnt that the truck had been seized by the Regional Forest Officer, Chajandi range, on the allegation that the said truck was transporting Khair wood in an illegal manner without any legal documents for transportation and had thereby committed an offence under the Indian Forest Act, 1927. From the contents of the prosecution report filed the petitioner could learn about the details of the prosecution case namely that the Regional Forest Officer had received a confidential information, on the night of 4. 10. 93 about the illegal transportation of forest wood. In course of enquiry made in that connection the truck in question loaded with 200 pieces of Khair wood was spotted whereafter the truck as also the Khair wood loaded thereon were seized by the informant and brought to Regional Officer, Chauparan. The driver and the cleaner and other culprits having seen the informant and his force had reportedly fled away. A photo copy of the report dated 5. 10. 93 and the seizure list have been filed as Annexure-3.

(3.) THE petitioner on coming to know about the prosecution case filed his show cause copy of which is Annexure-4 stating that the said truck was not liable to be confiscated for reasons mentioned therein. He also filed a separate application for release of the truck. Respondent no. 4 without considering the show cause and without applying his mind to the facts of the case passed the final order dated 25. 11. 93 copy of which is Annexure-5 confiscating the vehicle in question. It was contended that respondent no. 4 failed to consider that the total value of Khair wood loaded on the truck was about Rs. 2,000/- and in view of this meager amount the confiscation of the truck valued at Rs. 5 lacs was not justified in law. The petitioner then filed Cr. W. J. C. No. 553 of 1993 (Ranchi) before the Ranchi Bench of this Court against the Older of confiscation which was disposed of by a Division Bench vide order dated 21. 12. 93 a copy of which is Annexure-6. The application was disposed of with a direction that the petitioner may avail the remedy of filing an appeal against the order of confiscation which was appealable under Section 52a of the Indian Forest Act, 1927 and that the appellate authority shall also, if necessary, pass orders on the petition for release of the truck within three weeks of the filing of the appeal. The petitioner thereafter filed an appeal before the Deputy Commissioner, Hazaribagh, (respondent no. 3) which was numbered as case no. 85 of 1993. The respondent no. 3 was pleased to dismiss the said appeal vide order dated 25. 1. 94 copy of which is Annexure-8 and was pleased to confirm the order passed by respondent no. 4. The petitioner again moved the Ranchi Bench of this Court vide Cr. W. J. C. no. 509 of 1994 (R) challenging the orders of the court below and for release of the truck. The said application was disposed of by a Division Bench by order dated 27. 4. 94 copy of which is Annexure-9, whereby the petitioner was advised to file a revision before the revisional authority. The petitioner thereafter filed his revision application bearing no. 14 of 1994 before the Secretary, Forest and Environment Department, Bihar, (respondent no. 2 ). Respondent no. 2 was pleased to dismiss the revision application vide his order dated 8. 8. 94 copy of which is Annexure-10. The present writ application has been filed for quashing the order passed by the revisional authority and other connected orders and for the relief already mentioned earlier.