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Judgment
8 paragraphs · 386 wordsHeard Sri Babu Nandan Prasad, counsel for the petitioner and Sri Anant Pd. Singh, SC-15, for the State.
Counsel for the petitioner submits that trucks, in question, bearing registration No. BR 24 G 1486 and JH 02L 2595 have not been seized from the forest area. At the time of seizure of vehicles, seizure list was prepared from which it will appear that seizure of the vehicles was made from the Old GT Road, Gopi Bigha, Dehri, Sasaram, which was out of protected forest area. Trucks were loaded with stone-chips from the business premises of Sona Stone- chips, Karmakala, Chattarpur, on 22.04.2017 at 1.31 PM. On that basis, transit Challan for the aforesaid articles to be unloaded at Dehri, Sasaram, was issued for building construction purpose. Xerox copy of the aforesaid Challan is enclosed as Annexure-2.
Petitioner is real owner of the vehicles. Xerox copy of the Owner Books have been enclosed as Annexure-3 and 3/1.
The confiscating authority by order dated 10.02.2018 passed in Forest Confiscation Case No.117 of 2017 has confiscated the aforesaid trucks of the petitioner on wrong presumption that it was found loaded with forest products.
It has been submitted that petitioner has filed appeal against the aforesaid order of the confiscating authority vide Forest Appeal No.01 of 2019, which is still pending before the Respondent No.2. The vehicles of the petitioner are lying under open sky and getting damaged since 22.04.2017.
From the submission of the petitioner, it appears that vehicles were seized from the GT Road and not from the protected forest area. It further appears that appeal against the order of confiscating authority has been filed on 15.11.2018, but still the same is pending before Respondent No.2 i.e. the Collector, Rohtas, and no final order has been passed.
In view of such, Respondent No.3 is directed to release the aforesaid vehicles i.e. BR 24 G 1486 and JH 02L 2595 in favour of the petitioner on proper verification of the papers with regard to ownership subject to condition that petitioner will not transfer the ownership of the vehicles or alienate the same during the pendency of confiscation proceeding as well as criminal case in the Court below. The petitioner shall produce the vehicle in Court or before the authority as and when required.
This writ application is, accordingly, allowed.