PARMANAND PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have assailed the order dated 26th February, 1996 (Annexure5) passed by the Divisional Forest Officer, Social Forestry Division, Sahibganj, whereby the petitioners' truck, bearing Registration No. BRK 8565, crusher machine, electric motor and diesel engine have been confiscated for committing forest offence and mining stone in violation of Forest (Conservation) Act, 1980. The petitioners have further prayed for quashing the order dated 20th February, 1998 (Annexure6) passed by the Deputy Commissioner, Sahibganj in R.M.A. No.10 of 199697, whereby the petitioners' appeal has been dismissed and also for quashing the order dated 21st May, 2001 (Annexure2) passed by the Secretary, Ministry of Forest and Environment, Government of Jharkhand -cum -Revisional Authority, whereby the petitioners' revision has been dismissed.

(2.) THE facts of the case, in brief, is that on 3rd December, 1995 at 3.40 p.m., the Authorized Officer of Taljhari Range along with other forest staff and armed forces led by Sub Inspector of Police arrived at Plot No.163 of Mouja Kalyani and seized crusher machine, truck bearing Registration No. BRK 8565, electric motor, diesel engine, stone challies etc., besides other articles of some other persons for committing forest offence and mining stone within the forest area, declared as 'reserved forest'. A, report was prepared and forwarded and on the basis of the said report, Confiscation Proceeding No.4 of 199596 was initiated. In course of investigation, it was found that the truck bearing Registration No. BRK 8565 belonged to Petitioner No.1. He was made Accused No.2. Notices were served on both the petitioners. After considering their reply, the Divisional Forest Officer -cum -Authorized Officer passed order on 26th February, 1996 for confiscation of the seized articles.

(3.) THE petitioners, thereafter, preferred writ petition, being CWJC No.441 of 1997, challenging the said order. The writ petition was disposed of, directing the District Forest Officer and the District Mining Officer to make a fullfledged enquiry and submit a report to the Collector.