RAM AWADH PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: In this petition, the petitioner has prayed for quashing the order passed by the Authorised Officer-cum-Divisional Forest Officer, Garhwa, South Forest Division, in Confiscation Proceeding No.15/2001, whereby the petitioner's truck bearing No.MPL 5937 along with planks of Semal and Salai was confiscated. The petitioner has also prayed for quashing of the order passed in Forest Confiscation Appeal No. xv/24 of 2001-02 and the order passed by the Revisional Authority in Revision Case No.-C 44/2002 whereby the order of the confiscation of the petitioner's vehicle has been upheld by appellate as well as by the revisional authority.

(2.) According to the petitioner, he is a registered owner of the truck bearing Registration No. MPL 5937. The said vehicle is commercial and is given on hire. On 17.3.2001 the petitioner's truck was stopped by the Forester A.P. Singh and was seized along with the planks of Semal and Salai loaded thereon. Five persons along with driver and cleaner were arrested. On written report of the Forester a case was registered under Sections 33, 41, 42 and 52 of the Indian Forest Act.

(3.) It has been claimed by the petitioner that the planks were loaded by the accused No. 8 Jasim Mian and accused No. 9 Ram Rekha Sao forcibly at the point of pistol at village Baraon. The said accused persons had forced the driver and the cleaner to take the truck to Garhwa. The planks were old and used one in shuttering of roof, with cover of cement and concrete here and there.