JUDGMENT

D. Raju, J.-Special leave granted in S.L.P. (C) Nos. 1140-1141 of 1998.

2. Common and identical questions of law are involved in these appeals and, therefore, they are dealt with together.

Criminal Appeal No.231 of 1996:

3. On receipt of secret information, the Range Officer of Forests, Simariya Range, Chatra South Forest Division, along with a team of forest officials chased a truck bearing Registration No. UPF 7233 and seized about 445 Kgs. of illicit Katha together with the truck in exercise of powers under Section 52 of the Indian Forest (Bihar Amendment) Act, 1990 (hereinafter referred to as "Bihar Amendment Act, 1990") near Danapur, on 5.2.1991. The seizure list was said to have been sent to the Additional Chief Judicial Magistrate, Chatra, by his letter dated 6.2.1991. On 11.3.1991, the Divisional Forest Officer, Chatra South Division, the Authorised officer, as per notification dated 2.1.1991 under Section 5 of the Bihar Amendment Act, 1990, informed the Additional Chief Judicial Magistrate regarding initiation of action. The Range Officer was said to have submitted prosecution report against the respondents M/s Kedar Sao and Prem Kumar that the investigation in the ma