MOHD ATAUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE material facts and proceedings leading up to this civil writ petition are, inter alia, that Md. Ataur Rahman, the petitioner, a citizen of India, has been carrying on business in wood of different types, bamboo and charcoal. It is alleged that the petitioner also converts wood into charcoal in his depot and stores wood, bamboo and charcoal. In his depot situated in village Lutidih, P.S. Simaria, district Hazaribagh, in the east of Chatra Bagra Road. The petitioner deals in wood, bamboo and charcoal with the permission of the Forest Department and submits monthly returns in respect of the same regularly to the Range Officer concerned. Copies of his returns from June, 1985 to February, 1986, have been annexed to the writ petition. It is alleged that the same have been checked and certified by the Range Officer to be correct.

(2.) IN the presence of Mahesh Chaudhary, the then Range Officer, Simaria, Hazaribagh, the respondent No. 3, the depot of the petitioner was raided on the 16th March, 1986, and the entire quantity of wood, bamboo and charcoal stored there were seized and made over to the respondent No. 3. A seizure list was prepared and F.I.R. was lodged at Simaria P.S., Hazaribagh, by the respondent No. 3 in respect of he wood and bamboo seized alleging that the petitioner had violated Sections 379, 411, 413 and 414 of the Indian Penal Code, as also Sections 33 to 42 of the Indian Forest Act.

(3.) THEREAFTER a notice dated the 5th April, 1986, was issued by the Deputy Commissioner, Hazaribagh, to the petitioner calling upon him to show cause by the 17th April, 1986 why the said seized charcoal should not be confiscated under Section 6A of the said Act of 1955. It was alleged in the notice that the petitioner had been carrying on illegal trade in charcoal for a long time, that he had obtained his stock of charcoal in an illegal manner and that there were no records in respect of the charcoal stocked in the shape of stock register, sale register, each memo or display board at his depot.