DHARMVIR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant writ petition the petitioner has challenged the search and seizure of his truck bearing registration no. BR 31A 3461G and for release of the same which has been confiscated.

(2.) The case of the petitioner is that he is the owner of the truck and one day prior to the occurrence the said truck carried some bananas from Hajipur to Rajgir. While returning from Rajgir, the driver of the truck loaded some boulders on it. The truck was intercepted by the Forest Officer suspected of being forest legacy. On enquiry the driver showed the spot from where the boulders were lifted which fell in the district of Gaya. Thereafter confiscation proceeding was started and the truck was confiscated by order dated 21.2.2007 passed by the Divisional Forest Officer, Gaya in Confiscation Case No. 14 of 2006 in terms of a decision rendered by Hon'ble Apex Court in the case of State of Kamataka Vs. K. Krishnan, 2000 7 SCC 80.

(3.) In the aforesaid case the Hon'ble Apex Court emphasized that the vehicle in question should be released on furnishing cash surety/Bank guarantee.