HILIP KUMAR GORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner by filing this criminal writ petition has prayed to take action against Respondent No.2 - Divisional Forest Officer, Dumka Division, Dumka who has not released the truck of the petitioner bearing No. WGD-1442, although the sureties have earlier duly been furnished by the petitioner before the authorities who had ordered for release of the truck without any delay. By I. A. No. 235 of 2003, an application for amendment in paragraph-1 was filed in which it was prayed for quashing the order dated 3-8-2001 passed by the Revisional Authority-cum-Secretary, Ministry of Forest & Environment, Government of Jharkhand, who is Respondent No.3, and has stayed order dated 16-4-2001 passed by the Deputy Collector-cum-Confiscating Officer. By filing another I. A. No. 1052 of 2003, the petitioner has further prayed by amending paragraph-1 of the writ application praying therein for quashing the order dated 2-7- 2003 / 3-7-2003 passed by Respondent No.4 - Deputy Commissioner, Dumka who passed order to confiscate the truck.

(2.) Petitioner is the registered owner of a public commercial vehicle truck bearing No. WGD-1442. The said truck was under the management of his driver Nairit Hajra whom he had warned not to load any contraband article. On 3-3-1999, the truck was stopped at Masaliya by one Binod Sah who requested the driver to carry 10 small pieces of Simal wood belonging to Adivashi and to carry it up to Saw-mill of Raj Narayan within the district of Birbhum (West Bengal). The driver believing that the Simal wood was from Jamabandi land of the owner loaded and proceeded for its destination which was intercepted by the Forest Official and the driver was arrested.

(3.) The petitioner filed petition for release of his truck which was refused and was confiscated.