MAHENDRA PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 11.03.2014 in Revision Petition No. 02 Ban Muk. (C) 06 of 2013, the present writ petition has been filed.

(2.) Briefly stated, a First Information Report being Herhanj P.S. Case No. 01 of 2011 was registered on 13.01.2011 under Sections 379, 411 and 120B IPC and under Section 33 of the Forest Act against the petitioner and others on the allegation that illegal coal was being transported on the Tractor bearing no. BR 15A3461, the owner of which is the petitioner. The confiscation proceeding under section 52(4) of the Forest Act was initiated in which the petitioner filed his reply denying involvement of the Tractor in commission of a forest offence. Vide order dated 19.01.2012 in Confiscation Case No. 02 of 2011, the Authorised OfficercumDivisional Forest Officer, Latehar confiscated the seized Tractor. The Deputy CommissionercumDistrict Magistrate setaside order dated 19.01.2012 on the ground that there are two contradictory reports of the forest officer and there is no independent witness to the occurrence. In Revision Petition No. 02 Ban Muk. (C) 06 of 2013, the Principal Secretary, Department of Forest and Environment however, quashed the order passed by the appellate authority.

(3.) Heard the learned counsel for the parties and perused the documents on record.