Pradeep Kumar vs State of Bihar

J.N. Singh, J.—Learned Government Advocate No. 3 informs this Court that in spite of his best efforts Respondents have not responded to his Communications and have not furnished instructions for filing counter affidavit in the case.

Petitioner has filed this writ application for release of the truck bearing Registration No. BR-52/4266, said to have been seized in connection with Forest Case No. 16 of 2008 dated 10.6.2008, registered under Sections 33, 41 and 42 of the Indian Forest Act on the ground that logs of forest wood were being carried on illegally.

Learned Counsel for the Petitioner submits that till now confiscation proceeding has not been initiated by the Divisional Forest Officer, and the truck is lying in open since the date of its seizure causing damage to it. He submits that the confiscation proceeding, even after its initiation, will take much time causing damage to the truck and pecuniary loss to the Petitioner.

Considering the above submissions made by Learned Counsel for the Petitioner and in view of the submission that till now confiscation proceeding has not been initiated, Respondent No. 3 the Divisional Forest Officer is directed to release the aforesaid truck of the Petitioner on such terms and conditions and on such securities and bonds as he may feel proper after verification of the ownership. If the Petitioner files an application for the purpose, Respondent No. 3 shall communicate the terms and conditions for such release to the Petitioner within two weeks thereafter and upon complying with the same by the Petitioner, he shall pass orders for release of the truck in question within one month.

This writ application is disposed of with the aforesaid observations and directions.

Writ Application Disposed Of.