BIJAY KRISHNA SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG>R.A.SHARMA, J.</DJG> 1. Doubting the correctness of decision of this Court in Jamuna Prasad Singh and Anr. v. State of Bihar. Cr. WJC No. 120/93 reported in 1994 (2) East Cr. C. 204, a learned Single Judge, vide order dated 8.5.1977, has referred the following questions to Division Bench for decision:

(2.) In view of the order of reference passed by the learned Single Judge, the Division Bench's jurisdiction was confined to decide only two questions referred to it and the whole writ petition was not before it. It, therefore could not have referred the writ petition to Full Bench for decision. The observation. of the Division Bench as regards hearing and decision by the larger Bench in its order of reference relates to the decision on the questions referred to in the writ petition. It therefore necessarily follows that the Full Bench has to decide only the questions referred to by the learned Single Judge.

(3.) In the instant case, a truck loaded with Felspar stone, which is admittedly a forest produce, was seized by the Forester, Teludih, on 13.12.1996, who after seizure, reported the matter to the Authorised Officer (the Divisional Forest Officer, Giridih). After receipt of the said seizure report, the Authorised Officer initiated proceedings for confiscation of forest produce and vehicle and notice in this regard was given to the petitioner pursuant to which he filed his show cause. The Authorised Officer also communicated the information about the pendency of the confiscation proceedings before him to the Chief Judicial Magistrate before whom criminal case with regard to the same matter for offence under the Forest Act was pending. At this stage, the petitioner filed this writ petition challenging the seizure of the truck and the forest produce, the entire prosecution in Forest Case No. 477/96 including initiation of confiscation proceeding. As after filing of the writ petition, confiscation order was also passed, that has also been challenged by means of amendment application. QUESTION No. 1