UMESHWAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition was initially filed for issuance of direction upon the respondent no. 2- the Judicial Magistrate-1st Class, Gumla to assess the value of the seized articles strictly in terms with the measurement of woods provided in the seizure list in the light of direction issued by this Court vide order dtd. 18/6/2002 passed in W.P.(C) No. 5893 of 2001 with a further prayer to quash the order dtd. 24/7/2002 passed in Special G.R. No. 278 of 1995 whereby the respondent no. 2 approved the assessment report prepared by the Divisional Forest Officer, Gumla Forest Division, Gumla (the respondent no. 5). Moreover, the petitioner had also prayed for quashing the valuation report/assessment report as contained in letter no. 2703 dtd. 22/7/2002 issued by the respondent no.5 to the respondent no. 2.

(2.) Due to subsequent development taking place in the matter, the petitioner filed I.A No. 4884 of 2020 for amendment in the prayer portion of the writ petition by seeking challenge to the letter as contained in memo no. 1080 dtd. 25/3/2019 issued under the signature of Inspector General of Police (Head Quarter), Jharkhand Ranchi to the Superintendent of Police, Gumla (the respondent no. 3) whereby the said respondent has been directed to ensure payment of Rs.13,19,966.00 to the petitioner recovering the same from the concerned erring officers/officials of Sisai police station posted at the relevant point of time i.e., institution of a criminal case regarding seizure of 278 pieces wood of 'Sal' trees and when release order of the said woods was issued as the said amount has been assessed by the respondent no. 5 with respect to the seized woods at the rate prevalent in the year 1995. Further challenge has been made to letter no. 133 dtd. 8/3/2019 issued by the respondent no. 3 to the Inspector General of Police (Headquarter), Jharkhand whereby information has been given with respect to the price of seized woods calculated at the rate prevalent in the year 1995. It has also been prayed for issuance of direction upon the concerned respondents to calculate the cost of the woods taking into account the present prevalent rate which will approximately be Rs.55.0060 Lakhs.

(3.) Learned counsel for the petitioner submits that on 18/4/1995, the Sisai Police Station seized 278 pieces wood of 'Sal' trees which were cut down from the land belonging to the petitioner/his father appertaining to plot no.3808, Khata No.189, village- Chharda measuring an area of 3.61 decimals and accordingly, an F.I.R. being Sisai P.S. Case no. 36 of 1995 was lodged against the petitioner's father corresponding to G.R. No. 278 of 1995 under Ss. 406, 379 of the Indian Penal Code and Sec. 21(a) of the Chotanagpur Tenancy Act, 1908 alleging that the said trees were cut down without permission of the authorities. Thereafter, a seizure list of said woods was prepared. After investigation of the said criminal case, a chargesheet was submitted against the petitioner and his father under the aforesaid Sec. , however charges were framed against them under Sec. 379 I.P.C. and Sec. 20 of the Bihar Forest Produce (Regulation of Trade) Act, 1984.