BAHADUR BEDIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The vehicle of petitioner, a Trekker, bearing Registration No. BR 14 P 1477 was intercepted by respondents on 28th July, 1999 at about 7.30 p.m. by the Patrolling Party of Forest Checkpost, Ramgarh. Upon search, 157 pieces of Semal planks were found loaded in the vehicle in question. Three persons abroad, namely, Suresh Bedia, son of the petitioner, driver and one Minaz Ansari were arrested for offence under Sections 33, 41 and 42 of the Indian Forest Act. A Confiscation Case No. 7 of 1999 was registered on the basis of the offence report drawn by one Surendra Ram, Forest Guard.

(2.) By an order dated 31 st January, 2000 passed in Confiscation case No. 7 of 1999, the Authorised Officer-cum-D.F.O., Hazaribagh confiscated the vehicle, in question, under Section 52 of the Indian Forest (Bihar Amendment) Act, 1989. The petitioner moved in Appeal Case No. 1 of 2001, but it was rejected vide order dated 15th December, 2000 by the appellate authority-cum- Deputy Commissioner, Hazaribah. The Revision Case No. 1 of 2001 was also rejected on 21st May, 2001 by the revisional authority, the Secretary, Forest and Environmental Department, Jharkhand.

(3.) In the present case the petitioner has challenged the original order dated 31st January, 2000 (Annexure-3), the appellate: order dated 21st May, 2001 (Annexure-4), and the revisional order dated 21st May, 2001 (Annexure-5), on the ground that the authority failed to prove that the owner of the vehicle, the petitioner had knowledge about the offence being committed in his vehicle.