SHAMIM AHMED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel for the State.

(2.) WHEN a truck bearing No. BR -14G 8697 was found carrrying 145 pieces of wood, it was intercepted and pieces of wood were seized, and an offence report was filed before the Chief Judicial Magistrate with respect to commission of offence under Sections 41 and 42 of the Indian Forest Act and also for contravention of Rule 3/8 of the Bihar Timber and other Forest Produce Transit Rule against this petitioner who happened. to be the owner of the truck and also against the Driver and cleaner of the Truck.

(3.) MR . Sohail Anwar, learned Senior Counsel submits that the order passed by the confiscating authority clearly goes to establish that there was no direct connivance of this petitioner either with the truck driver or cleaner and that after the order was passed, the petitioner has been acquitted of the criminal charge vide judgment dated 30th June, 2009, passed in F. Case No. 80 of 1995 (T.R. No. 460 of 2009) by Prafulla Kumar, J.M., 1st Class, Khunti and, therefore, once the petitioner has been acquitted of the criminal charge, it will have a direct bearing on the order of the confiscation whereby, the order of confiscation is liable to be set aside.