STATE OF JHARKHAND Vs. PERMANAND PANDEY

JUDGEMENT

(1.) The State of Jharkhand has taken exception to the order dtd. 13/9/2012 by which the writ Court quashed the orders passed by the State authorities in Confiscation Proceeding No. 4 of 1995-96.

(2.) The main plank of the State of Jharkhand to challenge the writ Court's order is based on the notification dated 2 nd November 1894 issued under the Indian Forest Act, 1878 by which the lands comprised under Plot Nos. 153, 154 and 163 of Mouza-Kalyani, Circle Talzhari, within district-Sahebganj were declared as protected forest. The aforesaid lands were subsequently notified as reserved forest by notification dated 25 th February 1946 issued under Sec. 4 of the Indian Forest Act, 1927 and the notification dtd. 28/5/1993 under Sec. 20 of the Indian Forest Act, 1927 by the State of Bihar.

(3.) On 3/12/1995, at about 03:40 PM, truck bearing registration no. BRK-8565, crusher machine with electric motor, diesel engine, stone chaillies etc. were seized by a raiding team led by the Authorised Officer of Talzhari range which comprised forest officials and sub-inspector of police. Confiscation Proceeding No. 4 of 1995-96 was initiated on the basis of a report prepared in this regard and notices were issued to the respondent nos. 1 and 2. The Divisional Forest Officer-cum-Authorised Officer passed order dtd. 26/2/1996 for confiscation of the seized articles and this order was affirmed by the appellate as well as the revisional authority.