ANIL KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shailendra Kr. Singh, learned counsel for the petitioner and Mr. Krishna Shankar, learned Standing Counsel (L&C)-II, for the respondents

(2.) In this writ application, the petitioner has prayed for a direction upon the respondents particularly respondent no. 4 to release the vehicle of the petitioner bearing registration no. B.R.O. 1827 along with seized materials of 200 cft. Stone Boulders loaded on the said truck which was seized in connection with Confiscation Case No. 05/2005.

(3.) A prosecution report was submitted which led to institution of C.F. Case No. 41/2005 u/s 33 of the Indian Forest Act against the driver of the vehicle bearing registration no. B.R.O. 1827. The prosecution report reveals that one Shankar Tiwary, Forest Guard had submitted a report that a truck bearing registration no. B.R.O. 1827 loaded with 200 cft. Stone Boulder was found at Bishrampur-Pandu Main Road. It was stated that the transport challan did not bear the date of transporting and on the basis of suspicion the truck along with stone boulders were seized and seizure list was prepared. After the seizure the truck was brought to Bishrampur Police Station. The petitioner claims that he is the owner of the seized truck as also a partner of M/s. Vicky Construction which was granted a mining lease. Consequent to the seizure of the vehicle along with the stone boulders confiscation proceeding was initiated by the respondent no. 4 being Confiscation Case No. 5/2005. During the confiscation proceeding the petitioner through his brother and power of attorney holder Dilip Kumar Sharma had filed an application on 21.03.2005 stating therein that Truck No. B.R.O. 1827 was being used for transportation of stone boulders but on account of mistake the date could not be mentioned in the transport challan. In the said application a further prayer was made for conducting an inquiry and thereafter release the truck in favour of the petitioner. The respondent no. 4 vide order dated 05.12.2006 had passed an order for confiscating the vehicle as well as the stone boulders on the ground that the stone boulders which were loaded on the truck were brought from Plot no. 2387 of Kutumu forest area which is a Protected Forest.