BANSHI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) IN this writ application the petitioner prays for setting aside the order dated 4.8.2006 passed by the D.F.O. -cum -Authorized Officer, Aurangabad, whereby he has passed order of confiscation in respect of the Tractor bearing Engine No. PY -3029 -D -1339334 (Chassis No. PY -5103A 001182) as well as for setting aside the order dated 6.9.2007 passed by the Secretary, Department of Environment and Forest in Forest Revision Case No. 6 of 2007 by which he has set aside the order dated 9.1.2007 passed by the District Magistrate -cum -Collector, Aurangabad in Confiscation Appeal No. 113/06 with respect to the release of the vehicle in question in favour of the petitioner. The case of the petitioner is that his tractor bearing Registration No. PY -3029 -D -1339334 and Chassis No. PY -5103A001182 was seized on 9.11.2005.

(3.) THE prosecution case, in short, is that at the time of seizure of the tractor 100 Cft. of metal stone which is a forest produce under Section 2(4)(b)(iv) of the Forest Act. The aforesaid seizure gave rise to a case being registered under Section 33(1) & (2) read with Sections 41 & 42 of the Indian Forest Act (Bihar Amended Act, 1990) against one Jitendra Yadav and two others, namely, Ramesh Kumar Singh and Md. Firoj, as contained in Annexure -1.