(1.) HEARD Mr. V. Shivnath, learned Counsel for the petitioner and Mr. P.D. Agrawal, learned G.A. on behalf of the respondents/State.
(2.) PURSUANT to orders dated 7.1.1998 and 28.1.1998 respondent No. 2, Mr. Sanjay Kumar, Divisional Forest Officer, North Division, Garhwa, is present in Court. Records of Confiscation Case No. 4/97 98 have also been produced before me for my perusal.
(3.) IT appears that the vehicle of the petitioner bearing registration No. BRO 7121 was seized for transporting 2000 CFT stones and subsequently confiscation proceeding was initiated. There is no denial of the fact that during the pendency of the confiscation proceeding the petitioner prayed before the D.F.O. for release of the vehicle on the ground mentioned therein. The predecessor of the present respondent No. 2, by his order dated 23.9.1997, ordered for release of the vehicle on certain conditions one of which was to execute bond to the tune of rupees five lacs. Other conditions were also imposed with which we are not concerned at present. The then D.F.O. Rakesh Kumar, was transferred and the present incumbent, Sanjay Kumar took charge on 24.9.1997 and now he is in seisin of the said confiscation proceeding No. 4/97 98. It is alleged that pursuant to order dated 23.9.1997 when the petitioner went to submit documents of security etc. on 24.9.1997 the respondent No. 2 did not accept the same and returned those documents and papers of security to the petitioner with a note that the documents are not needed by the Court.