MD. SAGIR ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The present writ petition is filed for quashing the order dated 28.05.1997 passed by the Divisional Forest Officer-cum-Confiscating authority, Giridih in Confiscation Case No. 67 of 1997 whereby and where under the Truck of the petitioner having registration no. BR-17A-6339 has been ordered to be confiscated. A further prayer has been made for quashing the order dated 02.07.1997 passed by the District Magistrate, Giridih in Appeal No. 13/97 as also the order dated 18.08.2001 passed by the Secretary, Ministry of Forest and Environment, Govt. of Jharkhand, Ranchi, in Revision Petition No. (C) 28/97 whereby both the appeal and revision filed by the petitioner have been dismissed.

(3.) The factual background of the case is that the petitioner received a notice issued by the Divisional Forest Officer-cum-Confiscation Authority, Giridih vide Letter No. 3233 dated 14.11.1996 to show cause as to why Truck having registration no. BR-17A-6339 and the coal loaded therein should not be confiscated under section 52(3) of the Indian Forest Act, 1927 (Bihar Act 9 of 1990) (hereinafter referred as 'the Act'). It was alleged in the show cause that the said Truck was seized at village-Kalyandih on 13.11.1996 while transporting coal after illegal mining in the Dhobidih Notified Forest Area. The petitioner submitted reply to the show cause on 20.11.1996 stating that he has no concern with Truck having registration no. BR-17A-6339 rather he is the owner of Truck having registration no. BR-17A-6339(G), which on the alleged date of occurrence, was engaged by M/s Bihar and Refractory Mineral Barawadda for carriage of Fire bricks from the factory of M/s Premier Briquettes Industries, Mugma, Dhanbad. Finally vide order dated 28.05.1997, the Confiscating Authority confiscated the Truck having registration no. BR-17A-6339 with 5 to 6 tons of coal. Aggrieved thereby, the petitioner filed appeal being Confiscation Appeal No. 13 of 1997 before the District Magistrate, Giridih which was dismissed on 02.09.1997. Thereafter, the petitioner filed Revision Petition No. (C) 28/97 before the Secretary, Ministry of Forest and Environment, Govt. of Jharkhand, Ranchi which was also dismissed on 18.08.2001 by holding that the petitioner has failed to satisfy that he or his driver (agent) in terms of the Act were not involved in the commission of forest offence.