AWANI KANT SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 31.07.2001 passed by respondent no.4 in Confiscation case no.03 of 1997,whereby the respondent no.4 confiscated petitioner's Tractor annd Trailer bearing registration no.BEN 9307 & BEN 9308. Petitioner further prayed for quashing the order dated 04.07.2002 passed by respondent no.3 in Confiscation Appeal No.5R/15/2001-2002 and the order dated 23.12.2002 passed by respondent no.2 in Revision No. (C)/25/2002, whereby and where under the Appellate Authority (Respondent no.3) and the Revisional Authority (Respondent no.2) confirm the order of Confiscating Authority (Respondent no.4).

(2.) On 10.06.1997, an F.I.R. lodged vide Gumla P.S.case no.127/97 under sections 414/353/201 of the I.P.C. and also under sections 33/41/42 of the Indian Forest Act, on the written complaint made by Forest Range Officer, Gumla. It is alleged that on 09.06.97 in the night, at about 1.00 a.m. a tractor bearing registration no. BPN No.9307 alongwith its trailer intercepted near Government Depot loaded with Gamhar wood. However, the driver of the tractor fled away but later on petitioner Awani Kant Sharma (owner of said tractor) came at that the place and he took away the tractor along with wooden logs. It appears that after three days i.e. on 13.06.1997, the Police Officers as well Forest Officers conducted a raid in the house of petitioner and from the courtyard of petitioner a tractor bearing registration no. BEN 9307 along with its trailer bearing registration no. BEN 9308 seized. It further appears that during pendency of criminal case, respondent no.4 initiated confiscation proceeding i.e. Confiscation Case no. 03 of 1997. It is relevant to mention that the Divisional Forest Officer, Gumla vide his order dated 03/07/2001( Annexure-2) confiscated the tractor bearing registration no.BEN 9307 alongwith its trailor. Against the said order, petitioner filed an appeal before the Deputy Commissioner, Gumla, vide Forest Confiscation Appeal No. 5R/15/2001-2002 which was also dismissed by order dated 04/07/2002( Annexure-3). Thereafter, petitioner filed revision before the Secretary, Department of Forest vide Revision Case no. (C) 25/2002 and the same was also dismissed by order dated 23/12/2002 ( Annexure-4).

(3.) Sri A.K.Chaturvedi, learned counsel appearing on behalf of petitioner submits that respondent no.4 while passing the order as contained in Annexure-2, has not given any reason as to how he came to the conclusion that petitioner was involved in a forest offence and/or the tractor bearing registration no. BEN 9307 along with its trailer were used in the commission of offence. From perusal of entire order-sheet of Confiscation Case no. 03/97 which was annexed along with the supplementary counter affidavit, it is clear that no evidence led on behalf of Forest Department to show that petitioner is involved in any Forest Offence and/or used the tractor in question for that purpose. Accordingly, it is submitted that the order passed by respondent no.4 is arbitrary. He further submits that aforesaid fact and circumstances has not been considered by the Appellate Authority as well as the Revisional Authority. Accordingly, aforesaid impugned orders can not be sustained.