Dinanath Kelanka Son of Late Nihal Chandra Kelanka v. State of Jharkhand through the Secretary
2025-08-18
RAJESH KUMAR
body2025
DigiLaw.ai
JUDGMENT : RAJESH KUMAR, J. 1. The present writ petition has been filed for the following reliefs:- “ ( a) for issuance of appropriate Writ(s) /Order (s) /Direction(s) particularly a writ of Certiorari for quashing/setting aside the order dated 11.03.2025 (Annexure-4) passed by the Revisional Authority- cum-Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand in Revision Case No.26/2023, whereby and whereunder the Revision preferred by the petitioner against the order dated 11.04.2023 passed in Confiscation Appeal Case No.10/2022-23 by the Court of Appellate Authority-cum Deputy Commissioner, Dumka has been dismissed; and the order dated 11.04.2023 passed in Confiscation Appeal Case No. 10/2022-23 by the Court of Appellate Authority-cum- Deputy Commissioner, Dumka, whereby, the order dated 22.10.2022 passed by the authorized officer- cum-Divisional Forest Officer, Dumka in Confiscation Proceeding No.27/2022 arising from Forest offence and with respect to seized truck bearing Registration No.JH04H-9570 and stone chips laden on it have been confiscated, has been upheld. (b) for issuance of appropriate Writ(s)/ Order(s)/ Direction(s) commanding upon the Respondent Authorities to release the confiscated vehicle and stone chips laden in favour of the Petitioner.” 2. The brief fact of the case is as follows:- (i) Truck bearing registration No.JH04H-9570 had been intercepted by the police on 26.05.2022 with other trucks on secret information that stone chips were being transported illegally without proper documentation. (ii) An offence report has been prepared being Report No.76 dated 26.05.2022 with an allegation against the truck owner under Section 42 of the Indian FOREST ACT ,1927 and under Section 379 , 411, 413 & 414 of the INDIAN PENAL CODE . The complaint report has been filed in the court of Chief Judicial Magistrate, Dumka on 27.05.2022. (iii) The Court had taken cognizance under Sections 33 and 42 of the Indian FOREST ACT , 1927 on 12.10.2022 in Complaint (O.C.R.) Case No.1055 of 2022. (iv) Upon the said complaint, the Divisional Forest Officer, Dumka has initiated confiscation proceeding being Confiscation Case No.27 of 2022 which has been culminated in the confiscation of the Truck, in question, vide order dated 22.10.2022. (v) Against the said order of confiscation, Confiscation Appeal No.10 of 2022-2023 had been preferred but the same has been affirmed by the appellate authority vide order dated 11.04.2023. (vi) Against the appellate order, revision being Revision Case No.26 of 2023 has been filed which has also been dismissed vide order dated 11.03.2025.
(v) Against the said order of confiscation, Confiscation Appeal No.10 of 2022-2023 had been preferred but the same has been affirmed by the appellate authority vide order dated 11.04.2023. (vi) Against the appellate order, revision being Revision Case No.26 of 2023 has been filed which has also been dismissed vide order dated 11.03.2025. (vii) Against the said order of dismissal, the present writ petition has been filed. 3. The order of confiscation has been challenged before this Court by the petitioner on the following two grounds:- (i) There is no material to suggest that the stone chips were forest produce. (ii) The challan produced by the petitioner has been verified and it has been found genuine so there is no offence made out whatsoever. To buttress his point, learned counsel for the petitioner has referred different orders and the report submitted by the authorities suggesting that the challan is genuine which is reflected in the appellate order itself. 4. The learned counsel for the respondents has tried to defend the impugned orders, but could not point out any material suggesting the stone chips comes under the definition of “Forest Produce”. 5. Having heard learned counsel for the parties and from perusal of the record, it appears that there is allegation against the petitioner that the seized stone chips are the forest produce. But, the valid challan has been produced and the challan has been found in order. Thus, it is a clear-cut case of legal business. 6. So far as the allegation of transporting forest produce is concerned, no material whatsoever has been brought to my notice suggesting that the stone chips have been mined from the forest area. Thus, the authorities have passed the impugned orders merely on the basis of secret information and suspicion without having any cogent material. 7. It is settled principal of law that any finding recorded without any evidence is perverse and not acceptable in the eyes of law. Thus, this Court finds that the order dated 11.03.2025 (Annexure-4), passed by the revisional authority in Revision Case No.26 of 2023, the order dated 11.04.2023 (Annexure-3) passed by the appellate authority in Confiscation Appeal Case No.10 of 2022-23 and the order dated 22.10.2022 (Annexure-1) passed by the respondent No.3 in Confiscation Proceeding No.27 of 2022, are perverse. 8.
Thus, this Court finds that the order dated 11.03.2025 (Annexure-4), passed by the revisional authority in Revision Case No.26 of 2023, the order dated 11.04.2023 (Annexure-3) passed by the appellate authority in Confiscation Appeal Case No.10 of 2022-23 and the order dated 22.10.2022 (Annexure-1) passed by the respondent No.3 in Confiscation Proceeding No.27 of 2022, are perverse. 8. Accordingly, the above orders are hereby quashed and set aside and the respondents are directed to release the vehicle forthwith. 9. Resultantly, the present writ petition stands allowed. 10. Pending interlocutory application, if any, stands disposed of.