SANDEEP SALUJA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner is aggrieved by and has prayed for quashing order dated 12.10.2011 (Annexure 6) passed by Secretary. Forest and Environment Department, State of Jharkhand, in Criminal Revision No. 74 of 2010 whereby the said Secretary has set aside the order passed by D.C., Koderma in Confiscation Appeal No. 02 of 2008.

(2.) THE facts of the case is that the petitioner is the owner of commercial truck bearing registration No. JH -12 -A/6751 and the same was seized on the allegation that illegal Mica was loaded on the truck. The case was registered under Sections 33, 41 and 42 of the Indian Forest Act. A criminal case was also instituted on the said allegation. According to the report filed by the Range Officer, he had seen the truck in question loaded with Dibra Mica. One Prakash Modi and Md. Anamul were escorting the said truck. When the informant tried to stop the truck, the driver of the said truck escaped with speed. Thereafter the forest officer arranged a jeep and chased the truck. The truck was caught at Bariadih Forest Naka. The truck driver however succeeded in running away. The truck was seized with Dibra Mica and was brought to the Bariadih Forest office. It was alleged that the Dibra Mica was brought from Plot Nos. 358 and 362, which is forest land, within forest area. It was further alleged that the owner of the vehicle was also involved as he has given his vehicle for illegal transportation of forest produce.

(3.) THE petitioner preferred appeal against the said order before the Appellate Authority -cum -D.C., Koderma which was registered as Confiscation Appeal No. 2 of 2008. Learned Appellate Authority after hearing the parties and thoroughly considering the facts and materials on record allowed the petitioners appeal and set aside the order passed by the Authorized Officer -cum -Divisional Forest Officer, Koderma by his order dated 29.09.2009.