SANJAY LODHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In both the cases, a common question of law involved, they were heard together and are being disposed of by this common order.

(2.) Petitioner, Sanjay Lodha of W.P.(C) No. 514 of 2002 has challenged the seizure made on 2nd January, 2002 and Confiscation Proceeding No. 3 of 2002 initiated against him, 362 bags of Chiraunji containing 27,150 Kilograms having seized from the godown of said petitioner. The other petitioner, namely, Raj Kumar Mishra of W.P.(C) No. 532 of 2002 has challenged the seizure made on 31/12/2001, as also the confiscation proceeding No. 2 of 2002 initiated against him in which notice issued on 2nd January, 2002 on the ground of seizure of 1,145 bags of Chiraunji containing 80,150 Kilograms and 70 bags of Gond containing 4,900 Kilograms.

(3.) The main plea taken by the petitioners is that Chiraunji or the Gond are not forest produce within the meaning of Section 2(4) of the Bihar Forest Produce (Regulation of Trade) Act, 1984 (Bihar Act 12 of 1984).