BASANT TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against the order/judgment dtd. 6/12/2021 passed by learned Single Judge in W.P. (C) No. 6547 of 2011 whereby and whereunder the writ petition was dismissed declining to interfere with order dtd. 16/4/2004 passed in Confiscation Revision Case No. 18/2003 by Commissioner-cum-Revisional Authority, against order dtd. 24/3/2003 in Confiscation Appeal No. XV/57/2001-2002, by which the revision application was allowed and order passed in Confiscation Appeal was set aside.

(2.) The brief facts of the case, as per pleadings made in the writ petition, which require to be enumerated read as hereunder:

(3.) Mr. Ajay Kumar Trivedi, learned counsel for the petitioner-appellant, assailing the order passed by learned Single Judge, has taken the plea that once the order was passed by the learned Chief Judicial Magistrate, Palamau ordering to release the truck as well as goods in question in favour of writ petitioner, it was not available for the revisional authority to reverse the order passed by the confiscation authority. Further submission has been made that the bills/challans were produced before the confiscating authority to substantiate the purchase of Sagwan (teak) planks from M/s Dayal Timber Works, Timber Merchant and Order Supplier, Upper Bazar, Ranchi vide Bill No. 133/1999- 2000 and 134/99-2000 but the same has not been appreciated by the revisional authority as also by the learned Single Judge.