ZIBRIAL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is preferred by the owner of the truck, against the order of confiscation under Sec. 52 of the Indian Forest (Bihar Amendment) Act in Confiscation Case No. 32/2001 which has been affirmed in appeal and revision.

(2.) It is submitted by the learned counsel on behalf of the petitioner that the said confiscation case arose from Bishungarh P.S. Case No. 32/2001 under Ss. 414, 120(B) of the IPC and Sec. 33 of the Indian Forest (Bihar Amendment) Act. In the said case, the truck of the petitioner was seized as 12-13 metric tons of coal were loaded in it and the driver of the truck was made an accused who was put on trial in G.R. No. 1123/2001 (T.R. No. 135/2007) and was acquitted of the charges.

(3.) The instant writ petition has been filed mainly on the ground that despite the order of acquittal in the main case of the main accused, the truck has not been released. It is argued by the learned counsel on behalf of the Petitioner, that Petitioner was not even made an accused in the said case. It was the driver of the truck who was put on trial, who has been acquitted of the charges.