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2021 DIGILAW 844 (JHR)

Ajit Kumar Tiwari v. State of Jharkhand

2021-10-05

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition has been filed for issuance of direction upon the respondents to release the Tractor bearing Registration No. BR-26-GB-2672 (Commercial), Model No. SWARAJ-735-XT, Engine No. 391355-SBNI-9930, Chassis No. MBNAN-48-ADLTPO- 8497 as well as the Trailer bearing Registration No. BR-26-GB-2693 (Commercial) in favour of the petitioner which have been seized by the Forest Guard, Muhammadganj, Daltonganj on 12.06.2021 at 10 P.M with an allegation that 20 logs of Sisam wood were found loaded on the same without valid papers in violation of the provisions of Indian Forest Act, 1927 as amended vide Bihar Amendment Act, 1989-90 and the Jharkhand Timber & Other Forest Produce (Regulation of Transit), Rules, 2004. 2. Reference may be made to the order dated 12.08.2021 by which learned AC to AAG-III appearing on behalf of the respondents was directed to seek instruction on the point as to whether any criminal case has been lodged for the alleged forest offence and any proceeding has been initiated by the respondent No. 3 for confiscation of the said vehicles. 3. Pursuant to the said order, a counter affidavit has been filed on behalf of the respondent No. 3 stating inter-alia that in course of patrolling on 12.06.2021, the officials of Forest Department seized 20 logs of Sisam wood from the tractor and trailer in question at Muhammadganj Forest Range as no valid document was produced. Accordingly, Crime Report No. 202 dated 12.06.2021 was registered. It has also been stated that the In-Charge, Forester, Muhammadganj Forest Area communicated the said occurrence to the Chief Judicial Magistrate, Palamau by filing Complaint Case No. 855/2021 which is pending in the said Court. Moreover, the Range Forest Officer, Muhammadganj made recommendation to the respondent No. 3 for initiation of confiscation proceeding for confiscating the tractor, trailer and seized goods in question. As per the said recommendation, the respondent No. 3 initiated Confiscation Case No. 10/2021 against the said vehicles and seized goods. The next date in the said confiscation case is 21.10.2021. 4. Moreover, the Range Forest Officer, Muhammadganj made recommendation to the respondent No. 3 for initiation of confiscation proceeding for confiscating the tractor, trailer and seized goods in question. As per the said recommendation, the respondent No. 3 initiated Confiscation Case No. 10/2021 against the said vehicles and seized goods. The next date in the said confiscation case is 21.10.2021. 4. Learned counsel for the petitioner refers to the judgments rendered by the Hon’ble Supreme Court reported in (2002) 10 SCC 283 as well by the Patna High Court reported in 2017 (1) PLJR 82 and submits that no useful purpose will be served in keeping the said tractor and trailer in open sky to let them rot/decay in due course and as such the same may be ordered to be provisionally released by the authorised officer-cum-confiscating authority on furnishing sufficient security/surety, subject to final outcome of the confiscation proceeding. 5. In my opinion, since the respondent No. 3 has recently initiated the confiscation proceeding which has been registered as Confiscation Case No. 10/2021, it is not the appropriate stage for this Court to pass any such order as has been prayed by learned counsel for the petitioner, rather the petitioner should take the aforesaid plea in the said confiscation case itself. 6. Hence, the present writ petition is disposed of giving liberty to the petitioner to participate in Confiscation Case No. 10/2021, pending before the respondent No. 3 in which he may file an appropriate application seeking provisional release of the vehicle in question, subject to payment of sufficient security/surety. On receipt of such application, the respondent No. 3, after providing due opportunity of hearing to the petitioner/his representative, shall take an appropriate informed decision in accordance with law within four weeks from the date of filing of the said application. So far as the main confiscation case is concerned, the same shall also be disposed of by the respondent No. 3 expeditiously. 7. The present writ petition is accordingly disposed of with the aforesaid liberty and direction.