MD MOHSIN SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved of order dated 27.11.2002 passed in Revision Case No.C16 of 2002 by which the revisional authority has setaside the appellate order dated 08.11.2001, the petitioner has approached this Court.

(2.) Briefly stated, on 001.1997 a truck loaded with boulders was confiscated on the ground that it was not carrying a valid challan. The confiscating officer vide its order dated 01.11997 has ordered confiscation of the truck bearing no. BR35H0191 along with the handbroken boulders. The petitioner has denied that he had any knowledge of the truck operating without valid challan and it was seized within the forest area carrying illegal boulders. The petitioner has further pleaded that in the criminal case, he has been acquitted of the criminal charges framed against him. The appellate authority by an order dated 08.11.2001 has held that the truck was seized outside the forest area and the oppositeparty has failed to establish that it was infact seized within the forest area. The appellate order has been interfered by the revisional authority without concluding that the aforesaid finding recorded by the appellate authority is perverse, or that the department has produced indisputable document to establish that the truck along with boulders was seized within the forest area. The revisional authority was not exercising a jurisdiction larger than the one conferred upon the appellate authority, which can adjudicate the questions of fact as well as law.

(3.) In the above facts, finding serious infirmity in the impugned order dated 27.11.2002, it is setaside. The writ petition stands allowed.