AMIYA KUMAR MAJI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioners are assailing impugned order dated 04.11.2010 passed by Respondent No. 3 in Confiscation Case No. 22 of 2009 and order dated 19.08.2011 passed by Respondent No. 2, whereby Respondent No. 3 has passed order, for confiscation of the truck No. WMH6869 and 260 pieces of woods loaded therein, while exercising power under Section 52(3) of the Indian Forest Act (as amended and applicable in the State of Bihar and Jharkhand) and dismissing the confiscation appeal by the appellate authority Respondent No. 2respectively.

(2.) Brief facts of the present case, inter alia, are that petitioner No. 1 is the registered owner of the truck, bearing registration No. WMH6869 whereas petitioner No. 2 is the proprietor of M/s Woodland Timber, alleged owner of the piece of woods seized and confiscated. At Baliyapur, truck No. WMH6869 carrying 260 pieces of woods was intercepted by the patrolling party of the forest department. During the checking, it was noticed that in licence No. 1200909 Book No. 19010 it was shown to have (10 12 ft. x 3040 cm.) 300 pieces of Eucalyptus, Sal and Ekeshia, while in the challan Nos. 2009/24 and 2009/25 there were shown 100 pieces and 235 pieces respectively. However, total pieces found in the truck were 260 pieces. That way, there was total contradiction in the pieces shown in the licence, in the challans and actual number of pieces found in the truck. Pieces of wood found in the truck were not having sign of Hammer of the Forest Department, therefore, it was noticed that there is a violation of Section 41 and 42, read with Rule 5(6) of Jharkhand Timber and other Forest Produce Regulation of Transit Rules 2004. Truck as well as 260 pieces of woods were seized and Confiscation Case No. 22/2009 was registered and information thereof was sent to the C.J.M., Dhanbad. Notices were issued to the petitioners, General Manager, IISCO, Chasnala Project Officer, Jitpupur Colliery.

(3.) Petitioner No. 2 has contended that Project Officer ISP Sale Colliery, Jitpur had placed order telephonically to supply 335 pieces of woods measuring 10 12 ft. x 3040 cm., therefore, Petitioner No. 2 had purchased 300 pieces of woods from M/s Bankura Timber Traders for supplying the same for mining purposes to Jitpur Colliery (IISCO) on 24.12.2009 and obtained permit Nos. 1200909, Book No. 19010 valid with effect from 24.12.2009, 4.45 p.m. to 26.12.2009, 6 p.m. to transport the same from Bankura to Jitpur Colliery. Having obtained licence and preparing the challan, it was being transported to Jitpur Colliery.