LAWS(PAT)-2019-5-65

BAIJU KUMAR Vs. STATE OF BIHAR

Decided On May 15, 2019
BAIJU KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Uma Shankar Singh, learned counsel for the petitioner and Ms. Ratna Kumari, A.C. to PAAG-2 counsel appearing on behalf of the State.

(2.) This writ application has been filed for issuance of direction to Respondent No. 4 to release seized Truck of the petitioner bearing Registration No. BR-24-G-7487 in connection with Forest Case No. 50 of 2013 confiscated in Confiscation Case No. 98 of 2013 during pendency of the instant writ application or till final disposal of Forest Case No. 50 of 2013 pending in the court of Chief Judicial Magistrate, Rohtas at Sasaram.

(3.) Counsel for the petitioner submits that petitioner has produced valid Challan before Confiscating Authority (Respondent No. 4) but the same was not accepted. The Confiscating Authority has passed the order without looking into the Challan. He further submits that seizure was not made from the protected forest area rather the same was made from Sasaram Bikramganj Road near Mani Petrol Pump.