BHUNESHWAR PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned counsel appearing on behalf of the petitioners and Mr. Mukesh Kumar, learned A.P.P. for the State.

(2.) In this application the petitioner has challenged the order dated 21.06.2016 passed by the learned A.C.J.M, Ramgarh whereby and where under the application for release of the vehicle bearing registration no. JH02L-2238 in connection with Mandu (Kuju) P.S. Case No.40 of 2016 has been rejected.

(3.) It has been stated by the learned counsel for the petitioners that the subject matter of the confiscation proceeding is pora coal which was found loaded in the vehicle and since pora coal does come within the definition of the forest produce in terms of section 2(iv) of the Indian Forest Act, the petitioners deserves release of the vehicle. Learned counsel further stated that without getting the verification report with respect to the ownership of the vehicle in question, the prayer for release of the vehicle had been rejected solely on the ground that the requisition has been submitted by the Investigating Officer before the Divisional Forest Officer, Ramgarh for initiation of confiscation proceeding of the truck as well as the pora coal loaded thereupon. Learned counsel submits that recommendation of initiation of the confiscation proceeding cannot be the ground for rejection of the application for release more-so when the confiscation proceeding is sought to be initiated with respect to the seizure of pora coal which admittedly is not the forest produce in terms of the provision of the Indian Forest Act.