STATE OF JHARKHAND THROUGH THE DIVISIONAL FOREST OFFICER, DHANBAD FOREST DIVISION Vs. BINOD KUMAR SARIA

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent at the instance of the State of Jharkhand is directed against the order dated 13.7.2006 passed in C.W.J.C.No. 2067/1999(R) whereby the learned Single Judge allowed the writ petition by quashing the order dated 12.12.1998 passed in Confiscation Case No 7/1998 and appellate order dated 7.7.99 passed in Confiscation Appeal No. 1/1999 and directed the appellants herein to calculate the value of the seized timber (Except the timber claimed by one Tahir Ali Ansari) on the basis of rate per cubic feet at which the timbers were being sold by the Forest Department and to pay the said amount to the petitioner -respondent within two months along with interest @ 6% p.a.

(2.) IT is relevant to mention that 332 logs were seized from the saw mill of the respondent and a confiscation proceeding was initiated under Sec.13 of the Bihar Saw Mills (Regulation) Act, 1990 .

(3.) LEARNED Counsel pointed out that in the criminal case the trial court acquitted the respondent vide judgment delivered on 22.5.2000. The respondent 'ssaw mill was a licencee saw mill as granted under Sec. 5(b) of the Bihar Saw Mills (Regulation) Act, 1990.