ASHOK KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing the order dated 17.04.2000 passed in Confiscation Revision Case No.(C)-13 of 1999 whereby the Respondent No. 5 dismissed the revision application filed against the order dated 05.02.1999 passed in Confiscation Appeal No. 18 of 1998 by the Deputy Commissioner, Garhwa (respondent No. 4) confirming the order dated 25.05.1998 passed by the respondent No. 2 in Confiscation Case No. 01 of 1998 by which the vehicle of the petitioner was confiscated.

(3.) Learned counsel for the petitioner submits that a prosecution report no. 165P dated 03.01.1998 was lodged by one Md. Sharfuddin, Forester of Bhawanathpur, Forest Circle under Gharwa District. In the said report it was alleged that on 03.01.1998 at about 6.30 p.m. while he was on visit inside the Makari Protected Forest Area alongwith other persons, he saw a tractor bearing registration no. BR-15-5836 alongwith a trailor loaded with stone chips and as such he stopped the vehicle and asked for valid permit but no permit was shown by the driver and as such the vehicle was seized and the driver was remanded to the judicial custody. Thereafter, an inquiry was conducted on 09.01.1998 and on the basis of the sketched map of the place of occurrence, the same was found under plot No. 1696 which comes under the protected forest. Thereafter, a confiscation proceeding was started being Confiscation Case No. 01 of 1998 and the petitioner was given notice by the Court of authorized officer-cum-Divisional Forest Officer, Garhwa, North Forest Division on 02.02.1998, which was replied by him. Both the parties adduced their evidences and finally the vehicle i.e. tractor along with the trailer was confiscated vide order dated 25.05.1998 by the respondent No. 2. The petitioner preferred appeal before the respondent No. 4 vide Confiscation Appeal No. 18 of 1998 but the same was also dismissed on 05.02.1999 against which the petitioner filed Confiscation Revision No. (C) 13 of 1999, which was also dismissed by the respondent no. 5 holding that the tractor along with trailer of the petitioner was engaged in the commission of forest offence in Makari Protected Forest area. Learned counsel for the petitioner while arguing the case, has put much emphasis on the fact that the petitioner has not committed any forest offence as alleged in the prosecution report. In fact, the petitioner's tractor along with trailer was seized while carrying stone chips from the private land of one Miri Vishwakarma being plot no. 2179, Khata no. 280 which is outside the protected forest. However, none of the respondent authorities appreciated the said factual aspect raised by the petitioner.