VINAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) As per prosecution case, on 26.02.2013, a joint raid was conducted by the Rohtas Police Force and officials of Rohtas Forest Division at Fazilpur Protected Forest and adjoining illegal mining areas at Village- Amara in Sasaram, Rohtas. During raid, persons involved in illegal mining attacked the raiding party by throwing stones on them. Firearms were also used by them for attacking the raiding party. During raid, altogether twenty-six vehicles (loaders, bulldozers, stone breakers, compressor machine, tractor-trailers, hammers etc.) were seized which included vehicle/machine of the petitioners. On the request made by the Range Officer of Forest, Sasaram, the Authorized Officer cum Divisional Forest Officer, Rohtas, initiated Forest Confiscation Case No.11/12(V) under Indian Forest Act, 1957.

(3.) The Authorized Officer-cum-Confiscating authority finding that sufficient proof was not produced in support of claim by petitioners confiscated the vehicle/machine under Section 52(3) of the Indian Forest Act, 1957, by order dated 15.10.2013.