R.A.Sharma, J.

1. Doubting the correctness of decision of this Court in Jamuna Prasad Singh and Anr. V/s. State of Bihar. Cr. WJC No. 120/93 reported in 1994 (2) East Cr. C. 204, a learned Single Judge, vide order dated 8.5.1977, has referred the following questions to Division Bench for decision:

(i) Whether only Ranger and Officers above the rank of Ranger are entitled to search and seize forest produce, vehicle, etc. or even the Forester is competent to seize them under Indian Forest Act as amended "by the Bihar Amendment Act;

(ii) Whether the entire criminal case is bound to fail and consequently the confiscation proceeding is also not maintainable if the seizure is illegal?

The Division Bench, when this case was listed before it, noticed two conflicting decisions of two different Division Benches in Vishnu Sharma V/s. The State of Bihar and Anr. 1993 BBCJ 528 and Jamuna Prasad Singh and Anr. V/s. State of Bihar, (supra). It, therefore, vide order dated 2.12.1997 the operation portion of which is reproduced below, referred the matter to Full Bench:

5. Under these circumstances, we feel that the aforesaid two Division Bench judgments of this Court require consideration b