SUBRATA DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in this criminal miscellaneous application, has challenged the very initiation and continuance of the criminal proceedings against him vide B.F. No. 36 of 2005 arising out of Reference No. 14P dated 27.7.2005 for the offences under sections 41 and 42 of the Indian Forest Act and under the provisions of Establishment of Depot Management Ordinance of 1983 pending in the court of Shri Akhilesh Kumar, Judicial Magistrate, 1st Class, Bokaro.

(2.) HEARD counsel for the petitioner and the counsel for the State.

(3.) ON the allegation that there has been violation of the provisions of the Forest Act and Depot Management Ordinance, the truck along with the goods loaded thereon, was seized and the prosecution report was drawn up not only against the driver and khalasi of the truck but also against the owner of the truck namely, the present petitioner. Simultaneously, a confiscation proceeding was initiated for confiscation of the vehicle.