S R CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Uma Shankar Singh, learned counsel for the petitioner and Mr. Ram Shankar Prasad A.C. to G.P. 14 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. AS19B-1840 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. The petitioner has challenged the aforesaid order in Confiscation Appeal No. 38 of 2014 which was dismissed by order dated 4.8.2015 and the same was affirmed by the Revisional Court vide order dated 16.5.2016 in Forest Revision Case No. 32 of 2015.

(3.) Counsel for the petitioner submits that petitioner has produced valid Challan before Respondent No. 4. He 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. From the order as contained in Annexures-2, 3, 4 it appears that petitioner has taken plea at all stage that he was having valid challan. The genuineness of Challan was never examined. The doubt was raised on the validity of Challan on flimsy grounds as mentioned in the order, which was merely surmises. It further appears that vehicle was not seized from the forest protected area rather it was seized at Sasaram Bikramganj Ara Road, near Mani Petrol Pump.