GANESH RAM DOKANIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the owener of a truck bearing registration no. BRJ 6620 in respect of which an order of confiscation, dated 27.11.1998 was passed by the Divisional Forest Officer, Banka in Confiscation Case No. 6/98, under the provisions of the Indian Forest Act. Against that order the petitioner preferred an appeal, before the Collector, Banka which was registered as Forest Appeal No. 50/98 -99. The Collector by order dated 8/9.6.1999 (Annexure -2) gave an interim direction for the release of the truck during the pendency of the appeal. Against the interim order of release the department moved the Secretary -cum - Commissioner, Forest Department who by his order, dated 31.7.1999 stayed the order of release passed by the Collector. This petition under Article 226 has been filed challenging the order, dated 31.7.1999 passed by the Secretary cum Commisioner of the Department.

(2.) MR . Ram Chandra Jha, learned Sr.Counsel, appearing for the petitioner, assailed the order staying the release of the truck on a simple though effective ground. He submitted that under section 52B of the Indian Forest Act, as amended in this State a revision would lie only against a final order or an order of consequential nature passed by the appellate authority. No revision would lie against an interim direction of the nature passed by the Appellate authority for the release of the truck during the pendency of the appeal. Mr. Jha further pointed out that save and except the revisions provision there was no other provisions in the Act under which the Secretary - cum -Commissioner of the department could have passed the impugned order.

(3.) SECTION 52C creates a bar of jursidiction of court when a confiscation proceeding is initiated for an offence committed under the provisions of the Indian Forest Act and I am unable to see how the provisions of section 52C can be said to confer upon the Secretary -cum -Commissioner the authority to entertain petition/revision arising from an interim order passed by the competent or appellate authority while the main proceeding remained pending at the lower stages.