AMIT KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ is under Article 226 of the Constitution of India, wherein the order dated 11.01.2016 passed by the revisional authority in Revision Case No.49 of 2015 by which the revisional authority has declined to interfere with the order passed by the appellate authority dated 22.06.2015 passed in Confiscation Appeal No.04 of 2014, whereby and whereunder the order dated 06.02.2014 passed by the Divisional Forest Officer in Confiscation Case No.22 of 2013 has been affirmed.

(2.) The brief facts of the case as per the pleading made in the writ petition is that, one Bimal Kumar Mandal after purchasing Steam Coal and after loading the same in truck bearing vehicle no.JH 09J 7422 from Maa Vaisno Coal Traders, Dhanbad was coming to its destination but apprehended and seized by the Officer in Charge on 31.01.2013 and in course of search the driver fled away, in consequence thereof, the regular police case has been instituted for commission of offence under Section 413, 414, 120(A) of the Indian Penal Code as also under Section 33 of the Indian Forest Act.

(3.) The ground agitated by the petitioner, in support of his submission is that it is not a case that the relevant documents pertaining to transportation of coal loaded over the truck in question has not been produced rather at the very first moment i.e. at the stage of submission of reply in terms of the issuance of notice issued by the confiscating authority, the relevant documents showing therein conclusive proof of the purchase of the said coal from one Maa Vaisno Coal Traders, Dhanbad, has been produced but the same has been discarded by the confiscating authority merely on the ground of presumption and if that document was available with the petitioner, the same would have been produced at the time of interception of the vehicle but having not been done so it is nothing but an afterthought and fabrication of document in order to defend at the time of filing of the show cause and therefore, the confiscating authority merely on presumption and surmises has come to the finding about non availability of the documents in respect of valid purchase of the coal loaded in the truck, as such the said order is not sustainable.