CHANDAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for issuance of direction to Respondent No. 3 (The District Forest Officer, Rohtas, Sasaram) to release the Truck of the petitioner bearing registration No. UP-65AT-5329 which was seized in connection with Forest Case No. 14 of 2019 for the offences under Sections 33, 41 and 42 of the Forest Act.

(2.) Heard Mr. Rajani Kant Singh, learned counsel for the petitioner, and Mr. Tej Pratap Singh, A.C. to AAG-13 counsel appearing on behalf of the State.

(3.) Counsel for the petitioner submits that stone chips are not forest produce. The truck as per prosecution report has been seized not from the protected forest area rather the same has been seized in village Gopi Bigha by the Dehri Police. He further submits that stone chips are Minor Minerals. The provisions of Sections 33, 41 and 42 of Forest Act will not apply in this case. He further submits that there is separate provisions under Section 40(2) of Bihar Minor Mineral Concession Rules, 1972 for taking appropriate action for unauthorized extraction and removal of minor minerals.