Judgment G. C. Bharuks, J. The present writ application has been filed by the sole petitioner, inter alia, challenging the order dated 3-8-91 palled by the Divisional Forest officer Gays, Respondent no. 2 confiscating Truck No. BHM 5921 and for its immediate release. 2. Admittedly the petitioner is the owner of the Truck No. BHM 5921, which is a public carrier. This truck was seized on 25-6-91 at about 4. 30 AM at Rajauli -Burhiya Dankh Rajaull Forest Road near Chhatari village. The truck was found loaded with Kendu leaves. Thereafter the respondent Forest officer under his memo dated 25-7-91 directed the petitioner to show cause as to why the truck be not confiscated under Section 5(3) of the Indian Forest Act, 1927 as amended by Indian Foust (Bihar Amendment) Act, 1989 (hereinafter being referred to as the Forest Act). A copy of this notice has been annexure I to the writ application. The petitioner filed his show cause (Annexure 2) challenging the initiation and continuance of the confiscation proceeding on factual as well as legal grounds. It was asserted on behalf of the petitioner that the petitioner has no concern either with the purchase, possession or extraction of the kendu leaves in question and the came were being transported by the employees of the petitioner under a bona fide belief that the owner of the kendu leaves had engaged the truck for transportation of kendu leaves acquired in legal manner. Apart from the defense on facts, it was also asserted on behalf of the petitioner that there being no provision for confication of a vehicle under the provisions of Bihar kendu Leave (Control of Trade) Act, 1973, Bihar Act, 5 of 1974) (hereinafter to be referred to as kendu Leaves Act) the initiation of the proceeding was wholly without jurisdiction. 3. Since during the pendency of the present writ application, the Impugned order of confiscation was passed by the Respondent no. 2, the Divisional Forest Officer, which bas been filed as Annexure-B to the Counter affidavit, therefore, the petitioner has filed a supplementary Affidavit challenging the validity of that order as well. 4. It may be relevant to state here that immediately after the seizure of the truck, the driver and the khalasi ware arrested and the seizure was reported to the chief Judicial Magistrate, Nawadah, on 25,6,91. 5. 4. It may be relevant to state here that immediately after the seizure of the truck, the driver and the khalasi ware arrested and the seizure was reported to the chief Judicial Magistrate, Nawadah, on 25,6,91. 5. Learned counsel appearing for the petitioner has challenged the Seizure as well as the order of confiscation primarily on the ground that the provision of the Indian Forest Act, has no application to the transaction of kendu leaves in view of Section 21 of the kendu Leaves. Act, and since there is no provision for confiscation of a vehicle under the later Act, there fore, the impugned order on the face of it is without jurisdiction and it fit to be quashed. 6. On the other band, learned Advocate General appearing on behalf of the Respondents has relief upon various provisions of the Indian Forest Act, as amended by the Bihar Act, and has submitted that the Respondent no. 2 has acted within his jurisdiction while passing the impugned order of confiscation. His further submission is that since now under the Forest Act, there is an alternative remedy by way of appeal, therefore, no relief should be granted to the petitioner under the writ jurisdiction. 7. For proper appreciation of rival contention raised on behalf of the contesting parties, it is necessary to refer the material provisions of the legislations regulating the transaction of kendu leaves. Forests' is one of the subjects being entry no. 17-A, in the concurrent list under the 7th Schedule to the Constitution. It is a preexisting Central Law, which was enacted to consolidate the law relating to Forest, transit of Forest produce etc. Forests' is one of the subjects being entry no. 17-A, in the concurrent list under the 7th Schedule to the Constitution. It is a preexisting Central Law, which was enacted to consolidate the law relating to Forest, transit of Forest produce etc. Forest produces have been defined under Section 2 (4) Indian Forest Act, which is as under : 2 (4) "forest' produce" includes- (a) the following whether found in, or brought from, a forest or not, that is to say timber, charcoal, caon chouc, catechu, wood-oils resin, natural varnish, bark lac, mahus flowers, mshus seed huth and myrabolams, and (b) the following when found in, or brought from a forest, that is to say: (I) trees and leaves, flowers sod fruits, and all other parts or produce not here in before mentioned, of trees, (ii) plants not being tree (including ground creepers, reed and moss) and all parts or produce of such plants, (iii) wild animal and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts of produce of animal, and (iv) pest, surface soil, rock and minerals minerals (including time stone, laterite, minsral oil and an products of mines and quarries). From clause (b) of Section 2 (4) as quoted above, it is clear that `Forest produce' in-cludes trees and leaves found In or brought from the forest. Whereas the articles enumerated in clause (8) will be deemed to be forest produce for the purpose of the Act, whether those are found in or brought from a forest or not. Kendu leaves are collected from the forest as well as from the Raiyati lands, which arc grown by the raiyats. Therefore, it will be always a matter of fact whether kendu leaves found in possession of a person is a forest produce or not for the purpose of the Indian Forest Act. 8. Kendu Leaves Act, hag been enacted by the State legislature in order to make provision for the control of trade of Kendu leaves grown in the state of Bihar. Section 5 of the Kendu Leaves Act, place restrictions on the transaction of Kendu leaves, which runs as under. 5. 8. Kendu Leaves Act, hag been enacted by the State legislature in order to make provision for the control of trade of Kendu leaves grown in the state of Bihar. Section 5 of the Kendu Leaves Act, place restrictions on the transaction of Kendu leaves, which runs as under. 5. Restriction on purchase or transport of Kendu leaves-(l) On the declaration of a specified area under Section 3, on person other than- (a) the State Government, (b) an officer of State Government authorised in waiting in that behalf, or (c) an agent in respect of the unit in which the kendu leaves have grown, shall purchase Kendu leaves from the grover in that or transport the same. Explanation I-Purchase of kendu leaves from the State Government or its authorised officer or agent shall not be deemed to be a purchase in contravention of the provisions of this Act. Explanation II -A person holding no interest in the land who has acquired the right to collect kendu leaves grown on such land shall be deemed to have purchased such leaves in contravention of the provisions of this Act. (2) Notwithstanding anything contained in Sub-Section (1)- (a) kendu leaves Brown within a unit may be transported by grower from one place to another within the unit for purposes of collection, storage and sale, and (b) kendu leave purchased from the State Government or any officer or agent authorised in this behalf may be transported by the purchaser outside the units or the specified area in accordance with the terms end conditions mentioned in the permit to be issued by such authority as may be prescribed. (3) A grower other than the State Government shall sell kendu leaves at any depot specially set up for this purpose within a unit. From the aforesaid provision, it is clear that from the date of commencement of the kendu Leaves Act, the purchase of kendo leaves from the grower in the specified area or its transport has been restricted subject to the provisions of the Act, and the Rule. From the aforesaid provision, it is clear that from the date of commencement of the kendu Leaves Act, the purchase of kendo leaves from the grower in the specified area or its transport has been restricted subject to the provisions of the Act, and the Rule. 'Grower' has been defined under Section 2 (b) of the Kendu Leaves Act, to mean a grower who hold lands on which kendu plants grow or who is in possession of such lands under a lease or otherwise and includes the State Government, Explanation II to Section 5 of the Kendu Leaves Act, provides that a person collecting Kendu leave. grown on lands in which be has no interest shall be deemed to have purchased the leaves in contravantion of the provision of this Act. Therefore, the State Kendu Leaves Act, has been enacted to provide complete control on transactions of kendu leaves right from its collection or stripping it from the trees till its disposal to the consumers, Section 2l of the Kendu Leaves Act, provides that nothing contained in the Indian Forest Act, 1927, shall apply to kendu leaves in respect of matters for which provisions are contained in then Act. Therefore, apart from the constitutional mandate Under Article 254 (2) of the Constitution, In view of Section 21 of the Kendu Leave Act, the general provision prescribed under the Indian Forest Act, for regulating the collection and transaction of forest produce will not apply to 1be kendu leaves, For ascertaining any contravention in respect of transaction in kendu leave, one has to refer to Kendu Leaves Act, find if any violation is found then the offence will be under the Kendu Leaves Act, and not under the Indian Forest Act. 9. In the present case, the Divisional forest Officer has pasted the impugned order of confiscation purporting to exercise his power under Section 5C of the Indian Forest Act, as amended and substituted by Bihar Amending Act. 9. In the present case, the Divisional forest Officer has pasted the impugned order of confiscation purporting to exercise his power under Section 5C of the Indian Forest Act, as amended and substituted by Bihar Amending Act. The relavent part of sub-section (3) of Section 52 of the Forest Act, as substituted by Bihar Amendment Act, reads as under: 52 (3) Subject to sub-section (5), where the authorized officer upon production before him of property seized or upon receipt of report about seizure as the case may be satisfied that a forest offence has been committed in respect thereof, he may by order in writing and for reasons to be recorded confiscate forest produce to seized together with all tools arms boats, vehicles, ropes, chains or any other article used in committing such offence. The Magistrate having jurisdiction to try the offence concerned may, on the basis of the report of the authorized confiscating officer, cancel the registration of a vehicle used in committing the offence, the licence of the vehicle driver and the licence of the Arms. A copy of the order of confiscation shall be not warded warded undue delay to the Conservators of Forests of the forest, circle in which the forest produce, as the case may be, has been seized. A reading of Section shown that the forest Officer can pass an order for confiscation in respect of forest produce and the vehicle he is satisfied that a forest offence has been committed in respect of the forest produce 'Forest' offence' has been defined under clause (3) of Section 2 of the Indian Forest Act, to mean an offence punishable under that Act, or under any rule made thereunder. I have already held above that any violation in respect of the transaction of Kendu leave can amount to the offences only under the Kendu Leaves Act, and, therefore in respect of kendu leaves there can not be a forest offense 'Within the meaning of the Forest Act, so as to confer any jurisdiction on an officer authorised under the Forest Act, to confiscate either kendu leaves of any article or vehicle connected therewith. 10. 10. By referring to Section 69 of the Indian Forest Act, it was suggested by the learned Advocate General that since this provision provides that whenever a question arises in respect of ownership of a forest produce it will be deemed to be of the Government unless the contrary is proved. After referring to this provision he placed reliance on Section 26 (1) (f) of the Indian Forest Act, which, inter alia, prohibits stripping of leave in reserve forest. By reference to this provision it was submitted that since kendu leaves were found being transported in the truck of the petitioner, therefore, it should be presumed that these leaves had been stripped of from the plants in the reserved forest. I am afraid neither the Indian Forest Act, creates any such fiction nor the fiction created under Section 69 of the Indian Forest Act, can be extended to this extent, More 'over, as I have held above, in view of overriding provisions contained under the Kendu Leaves Act, the provision of Section 26 of the Indian Forest Act, can have no bearing even on collection or stripping of kendu leaves from the trees. 11. Now the only question to be ascertained is whether the Kendu Leaves Act, has made any provision for confiscation of vehicle or not. For ascertainment of this legal issue, one has to look at Section 14, 15 and 16 of this Act, which are quoted herein below:- 14. Power or entry, search, seizure etc. (1) Any Police officer not below the rank of an Assistant sub inspector or any Forest Officer or any other person authorized by the State government may with a view to securing compliance of the provisions of this Act, or the rules made thereunder or satisfying himself that the said provisions have been complied with, (i) stop and search any person, boat, vehicle, or receptacles used or intended to be used for transport of kends leaves; (ii) enter and search any place and Survey, demarcate and make a map of any land; (iii) seize kendu leaves in respect of which he suspect that any provision of this Act, or the rules made thereunder had been, is being or is about to be contravened, along with receptacle containing such leaves, or the vehicle or boats used in carrying such leaves. (iv) sell by public auction kendu leaves seized under clause (iii) and deposit the sale proceeds thereof in Government Treasury it he is satisfied that the Slid kendu leaves are subject to speed, and natural decay. Provided that the auction shall be conducted by a Forest officer, not below the rank of an Assistant Conservator of Forests. (2) The provision of Section 102 and 103 of the Code of Criminal Procedure, 1898 (V of 1898) relating to search and seizure shall, so far as may be apply to search Bad seizure under this Section. 15. Forest Officer to hold enquiry-(l) A Forest Officer not below the rank of a Ringer or such other officer as may be authorized by the State Government in this behalf hold an enquiry iota offences relation to any contravention of any provision of the Act, and in the course of such enquiry receive and record evidence. (2) Any evidence recorded under sub-section (1) shall be admissible in any subsequent trial before a Magistrate. Provided that such evidence has been recorded in the presence of the accused person. 16. Penalty-(l) Any person who contravenes any of the provisions of this Act, shall be punishable with imprisonment which may extend to one year or with fine which extend to one thousand rupees or with both. (2) The whole of kendu leaves in respect of which such contravention has been made or such part there of as the court may deem fit or the sale proceed thereof, as the case may, be shall be for feinted to the State Government. Provided that if be Court is of the opinion that it is not necessary to direct forfeiture in respect of the whole, or part of the kendu leave or the sale-proceeds there of, as the case may be, it may, for reasons to be recorded in writing direct the same to be made over, to the person whom the Court deems to be entitled to the lame. 12. Undisputedly if any violation of the provision of the kendu Leaves Act, is suspected than the authorities have been empowered to seize the stock of kendu leaves as well as receptacle containing such loaves and the vehicle used (or carrying the same. But Section 16 of the kendu Leaves Act. 12. Undisputedly if any violation of the provision of the kendu Leaves Act, is suspected than the authorities have been empowered to seize the stock of kendu leaves as well as receptacle containing such loaves and the vehicle used (or carrying the same. But Section 16 of the kendu Leaves Act. which is the penalty Section, provides for the forfeiture of only, kendu leaves which is by way of additional punishment to be awarded by the Court competent to try the offence under this Act, The kendu Leave, Act, has made no provision for the forfeiture or confiscation of the Vehicle used In carrying the kendu leaves in contravention of the provisions of the kendu leaves Act. 13. In this view of the matter, the impugned order of confiscation dated 3.8.91 contained in Annexure 'B' to the Counter affidavit is held to be wholly without jurisdiction and accordingly it is quashed. In my opinion the legislature has authorized the competent authority to seize the vehicle only with an object to facilitate the enquiry as contemplated under Section 5 of the Act, and, therefore, if any vehicle is seized in contravention of any of the provision of Kendu Leaves Act, the same has to be released within a reasonable time immediately on conclusion of the enquiry, which should be conducted with an expeditions. Since the vehicle in question was seized on 25.6.91, therefore it is directed that the same should be released to the petitioner forthwith. I may clarify that I have not applied myself to the facts of the calc in order to find out whether the petitioner, her, employees o. any other person has committed any offence in law or not and it will be the subject matter of trial before the court of competent jurisdiction. The release of the truck will not in any way prejudice the trial of the offence and will not be a defence per se in the criminal proceeding relating to the transaction in question, if any, pending. 14. The writ application is, accordingly, allowed. However, in the circumstances of the case, there, shall be no order as to costs. A. N. Chaturvedi, J. I agree Application allowed.