UMESHWAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application the petitioner seeks issuance or a writ of mandamus directing the respondents to release 1614 Cft. teak wood which was illegally seized by the Sessai police and, in the alternative, for imposition of penalty/cost upon the responsible police personnel and for payment of compensation but indeed this exposed the highhandedness of the police officers and their conduct with the ordinary citizens.

(2.) The facts of this case lie in a narrow compass: On receiving information from the Circle Inspector, Sessai that the petitioner has cut teak trees from the land having khata No. 189, plot No. 3808, the officer incharge, Sessai seized 170 Shal trees alleging that the said trees were cut without the permission of the authorities and, accordingly, a criminal case was registered being Sessai PS Case No. 36/95 corresponding to G.R. No. 278/95 under Sections 406, 379 of the Indian Penal Code and 21A of the Chotanagpur Tenancy Act. The police prepared seizure list and possession of those shall woods was taken by the officer incharge, Sessai police station. The petitioner took stand that the trees were cut from the raiyati land of the ancestor of the petitioner and those trees belonged to them. It was further stated that for removal of those trees no transit permit was required under law. The learned Judicial Magistrate, Gumla, by order dated 30-5-96 passed in G.R.Case No. 278/95, directed for the release of those woods in favour of the father of the petitioner on execution of bond of Rs. 50,000.00 and a cash security of Rs. 25,000.00. The learned Judicial Magistrate also framed charge against the petitioner under Section 20 of the Forest Produce (Regulation and Trade) Act, 1984 read with Sections 5 and 379 of the Indian Penal Code. Finally the petitioner and another co-accused were acquitted in the aforementioned criminal case in terms of the judgment dted 31-7-2001. After the judgment of acquittal the father of the petitioner who was also one of the accused, made a prayer before the Judicial Magistrate, Gumla for release of the timber on the ground that the said wood was cut from their own land.The Magistrate again passed an order on 25-4-97 for release of the seized wood in favour of the petitioner and the petitioner said to have furnished indemnity bond for the release of the wood. The Judicial Magistrate then issued release order directing the Officer incharge, Sessai police station to return 278 pieces of wood infavour of the petitioner and his father. Inspite of the aforesaid release order the woods were not released in favour of the petitioner. The petitioner then filed a contempt petition vide Original Cr. Misc. No. 8/99R before this Court for non-compliance of the said order passed by the Judicial Magistrate.

(3.) This Court disposed of the aforesaid contempt petition by order dated 31-1-2000 with direction to the Judicial Magistrate, Gumla to take action if the articles have not been released in favour of the petitioner. The Judicial Magistrate then issued show cause notice to Mr. Srikant Singh, officer-in-charge, Sessai Police Station and the State of Bihar filed his show cause. The petitioner also filed a petition in the light of the show cause alleging that the seized articles were not available at the police station and the same have been misappropriated by the concerned police officer. The Judicial Magistrate, after inquiry, passed an order on18-3-2000 holding that the said wood has already been misappropriated by the police officers. The petitioner, therefore, contended that the police officers by misusing their official power misappropriated the seized articles and, therefore, the petitioner is entitled to compensation and appropriate action against the police officer.