JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The State of Jharkhand has filed this appeal against the judgment of learned Single Judge of the Jharkhand High Court at Ranchi holding that even though there was no specific provision in Section 52(3) of the Indian Forest Act, 1927 (in short the "Act") as amended by Bihar Act 9 of 1990 (hereafter referred to as the `Bihar Act ), a vehicle seized for alleged involvement in commission of forest offence can be released on payment of fine in lieu of confiscation.

3. Background facts as projected by the appellants are as follows:

On 10.4.1997 at Barkagaon Protected Forest Area, a truck bearing No. BR 13-9041 was found loaded with 11.8 tonnes of coal. Confiscation Proceeding No. 3/1997 arising out of Pelawal case No. 28/97 was instituted and show cause notice was issued. The respondent filed reply to the notice. After considering the same the Divisional Forest Officer, Hazaribagh directed confiscation of the truck.

4. An appeal was preferred before the Deputy Commissioner, Hazaribagh, numbered as Case No. 40/1997. By order dated 17.7.1999 the appeal was dismissed. The matter was carried in revision by the respondent before the Revisional Authorit