MAHESH KUMAR AAHUJA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the order dated 10.9.03/16.1.04 passed by the respondent No.2 whereby the appellate order was set aside and the revision wasallowed.

(2.) THE petitioner's case is that the Tractor with Trailor No. 8489 loaded with stone was seized illegally from the leasehold area of the petitioner.

(3.) THE petitioner then preferred appeal before the Deputy Commissioner -cum -appellate authority. The Deputy Commissioner heard the parties and after discussing and considering the materials on record, came to the conclusion that there was no valid ground for confiscating the petitioner's vehicle. The prosecution failed to prove that at the time when the said vehicle was seized, the same was carrying forest produce in violation of the Forest Acts. The Deputy Commissioner also took into consideration that the petitioner was given a lease for mining stone and that t could not be proved that he mined stone beyond his leasehold area and the stone loaded on the said vehicle was forest produce. The Deputy Commissioner, thus, allowed the appeal and set aside the order of the confiscating authority and directed to release the petitioner's vehicle.