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2023 DIGILAW 141 (JHR)

Manoj Kumar Sah v. State of Jharkhand

2023-02-09

GAUTAM KUMAR CHOUDHARY

body2023
JUDGMENT : Gautam Kumar Choudhary, J. Both the petitions have been heard together and will be disposed of by common order. 2. Instant petition has been filed for quashing the entire criminal proceedings including the prosecution report being Complaint Case No. 1055 of 2022 arising out of Offence Report No. 17P dated 27.05.2022 for the offence registered under Sections 41, 42 and 52 of Indian Forest Act. 3. It is submitted by learned counsel on behalf of petitioners that neither offence report nor prosecution report states any averment or statement that illegal mining was being conducted in forest area. It is submitted that the petitioner-Manoj Kumar Sah is owner of the seized truck bearing registration No. JH 04V 6594 and only due to the said fact, petitioner has been made accused in the present case. The seized stone chips was purchased from BPY Infra Build Pvt. Ltd. in the name of Montecarlo Ltd. and the same was loaded on truck of the petitioner which was to be supplied to Montecarlo Ltd., Bhagalpur and in this regard, invoice and transport challan were also issued. It is further submitted that stone chips was validly purchased and transported on the seized truck of the petitioner on the basis of genuine documents and the same was produced before the raiding team. It is also submitted that although in the prosecution report, it has not been stated that any document was produced but in counter affidavit, allegation of submission of forged document has been made. 4. It is submitted by the learned A.P.P. that the brief facts of the case are related to Complaint Case No. (OCR) 1055/2022 dated 26.05.2022 lodged by Forester, Shikaripara Beat, Hizla East Range. That, upon receiving information regarding the illegal mining of Stones/Boulders in the Protected Forest Area of Shikaripara from Kukkulidangal, Runaipahari and Gosaipahri Protected Forest (and Katpahari deemed forest), and the illegal transit of stone metal/chips (made from these boulders/stones) from multiple illegal crushers in Sarasdangal, Jamropani, Chirudih, Pinargaria Makarpahari, Kalipather and Hiranpur Forester Shikrairada with assistance of Mining Task Force Dumka (as requested by Divisional Forest Officer, Dumka vide letter no. 1223 dated 17.05.2022) on 27.05.2022 at 4.00 a.m. intercepted at Rampur More situated at Dumka, Rampurhat Road and made a seizure of 18 vehicles (including vehicles with Registration 04V 6594) laden with illegally mined stone metal/chips. 1223 dated 17.05.2022) on 27.05.2022 at 4.00 a.m. intercepted at Rampur More situated at Dumka, Rampurhat Road and made a seizure of 18 vehicles (including vehicles with Registration 04V 6594) laden with illegally mined stone metal/chips. Upon interception, the driver/owner of the vehicles did not produce any valid challan or papers and thus the vehicle was seized under Section 52 of Indian Forest (Bihar Amendment, 1990) Act, 1927. The drivers of the said vehicles fled away on an interception by the Forest Personnel of Hizla East Range and by the members of Mining Task Force Dumka and the vehicle was seized due to involvement in illegal mining and illegal transportation of forest produce, which is a cognizable, non-bailable, non-compoundable serious forest offence, and is a violation of Section 33, 41 and 42 of prescribed provisions of the Indian Forest (Bihar Amendment, 1990) Act, 1927. 5. On sufficient materials prosecution report has been filed regarding stone metal/chips converted from illegally mined stone boulders from Kukkulidangal, Runaipahari and Gosaipahari Protected Forest (and Kapahari deemed forest) without any valid challan. Upon seeing the patrolling party, the driver and Khalasi fled from the scene instead of showing the challan. During the forest enquiry procedure under Section 72 of Indian Forest Act, 1927, the petitioner failed to produce any toll plaza receipt or any other documents falling on route as claimed by the petitioner, which could prove that the vehicle was not involved in the illegal transportation of forest produce. Kukkulidangal, Runaipahari and Gosaipahari are Protected Forest under the jurisdiction of Hizla East Forest Range, Dumka Forest Divisiion, has been notified as a “Protected Forest” as the prescribed provisions (Section 29) of Indian Forest Act, 1927 vide Government of Bihar's Notification No. C/F17075/55-4092. R. dated 30.12.1955. It is relevant to mention here that there is no approved and valid stone mining lease operational in the said “Protected Forest” or Deemed Forest. The petitioner in his release petition on 26.06.2022 in the Court of Authorized Officer cum Divisional Forest Officer, Dumka had presented an e-challan issued by the JIIMS, Jharkhand which was issued on 23.05.2021 at 10.05 a.m. from Sahibganj for direct route to Bhagalpur whereas the petitioner's vehicle was seized on 26.05.2022 at 4.00 a.m. from Dumka (160 Km from Sahibganj) in the opposite direction from the destination address Bhagalpur). The petitioner had presented a challan created post facto filed in the release petition. The petitioner had presented a challan created post facto filed in the release petition. The vehicle was caught far away from the assigned road of movement of the vehicle as per the challan (direct to destination Bhagalpur) and the petitioner had failed to produce any toll receipt from the toll plaza falling on the route mentioned in the challan which could prove that the vehicle was not coming out from Kukkulidangal, Runaipahari and Gosaipahari Protected Forest at the time of seizure. 6. The matter involves illegal mining in protected forest area and there are sufficient materials to make out a prima facie case. 7. There is no infirmity in the impugned order. 8. The Criminal Miscellaneous Petition is dismissed.