SHANKAR TRADERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a proprietory firm engaged in the business of timber. In this writ petition it seeks, in effect and substance, a declaration that the authorities of the Forest Department of the State Government have no authority to interfere with the movement of timber of foreign origin from one place to another within or through the State of Bihar. The timber in question is said to be 'Khair' wood brought into India from Nepal under a valid permit.

(2.) According to the petitioner, earlier there was restriction on import of timber from Nepal to India. By notification No. 200/90/Customs, dated 19th June, 1990 of the Ministry of Finance, Department of Revenue timber, among others, was exempted from customs duty. The Ministry of Commerce also issued consequential public notice on 11th September, 1990. Thus, by reason of the aforesaid two notifications movement of timber from Nepal to India became completely free. Neither any duty is to be paid nor penalty is to be imposed with respect to import of timber from Nepal. The entry of goods into India is allowed by the Customs Authorities after physical verification and necessary endorsement to that effect is made on the delivery challan. Copies of some such challans have been enclosed to the writ petition marked Annexure-5 series. It is said that except the districts of East Champaran and West Champaran, there is no forest and movement of timber in North Bihar. The Forest Department has prepared a map showing the forest areas in the State of Bihar in which districts of Muzaffarpur, Samastipur, Darbhanga and Madhubani have been shown to be non-forest area.

(3.) Despite the fact that timber is an exempted item, after the purchase of the goods in question, namely, khair wood, the petitioner informed the Divisional Forest Officer, Mithila Forest Extension Division, Darbhanga about the purchase and requested him to inform him (petitioner) as to whether transit permit was necessary for the movement of the goods and, in case the same was necessary, to issue transit permit. On 28th November, 1990 the Divisional Forest Officer, informed the petitioner that the goods should be kept in the concerned godown and in case the place of storage is to be changed intimation should be given. No transit permit, however, was issued. The petitioner informed the authorities that on account of the delay it was being put to huge loss because khair wood was losing its potentiality and value. In these circumstances after giving necessary intimation the goods were consigned for transportation to Bareilly (Ijjatnagar railway station) in the State of Uttar Pradesh by railway wagons at Talsarai railway station on 14th July, 1991. The goods were kept in as many as six wagons, the particulars of which have been given in paragraph 16 of the writ petition.