Ajit Kumar Tiwari vs The State Of Jharkhand
2021 Latest Caselaw 3786 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(C) No. 2526 of 2021
            Ajit Kumar Tiwari                                                ..... Petitioner
                                              Versus
            1. The State of Jharkhand, through its Principal Secretary, Department of
            Environment & Forest, Ranchi
            2. The Principal Chief Conservator of Forest, Government of Jharkhand, Ranchi
            3. The Divisional Forest Officer, Palamau Forest Division, Daltonganj
            4. The Forest Guard-cum-In-Charge Forester, Muhammadganj, Daltonganj
                                                                             ..... Respondents
                                                -----

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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            For the Petitioner:           Mr. Rajesh Kumar
            For the State:                Mr. A. K. Thakur, A.C to A.A.G-III
                                                -----


06/05.10.2021      The present writ petition has been filed for issuance of direction upon the

respondents to release the Tractor bearing Registration No. BR26GB2672

(Commercial), Model No. SWARAJ 735XT, Engine No. 391355/SBNI9930, Chassis

No. MBNAN48ADLTPO8497 as well as the Trailer bearing Registration No. BR26GB-

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.

Reference may be made to the order dated 12.08.2021 by which learned A.C

to A.A.G-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.

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.

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.

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.

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.

The present writ petition is accordingly disposed of with the aforesaid liberty

and direction.

Satish/-                                                               (RAJESH SHANKAR, J)