SHEO SHANKAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 23rd April, 1993 passed by the Divisional Forest Officer, Dumka in Confiscation Case No. 4 of 1993, whereby the petitioner's truck, bearing Registration No. BR36-7065 has been confiscated on the allegation that the said vehicle was used in committing forest offence. The petitioner has further prayed for quashing the order dated 13th April, 1996 passed by the Deputy Commissioner, Godda in Confiscation Appeal No. 1 of 1993 and also the order passed by the Secretary, Forest & Environment Department, Bihar, Patna dated 4th January, 2000 in Revision Case No. 16 of 1996, whereby the petitioner's appeal and the order of the Divisional Forest Officer-cum-Authorized Officer have been upheld.

(2.) The fact, briefly stated, is that a case was instituted against the petitioner's truck, bearing Registration No. BR36-7065, on the allegation of loading fire wood in the forest area illegally. The truck was seized by the Authorized Officer with the help of the Forest Guard, Pathargama. Thereafter, a confiscation case was initiated by the Divisional Forest Officer, Dumka, being Confiscation Case No. 4 of 1993.

(3.) The petitioner is the registered owner of the said truck. Notice was served on him in the confiscation case. He had appeared and filed reply. The stand of the petitioner in the confiscation case was that the fire wood was loaded on the truck without his consent. The truck was also not produced with loaded woods and that the truck was not seized in the forest area. The petitioner claimed that the valuation of the wood seized from the truck was very low in comparison to the price of the truck and the seizure of the truck was illegal.