2013 Supreme(Pat) 723
JAYANANDAN SINGH
Dhananjay Kumar – Appellant
Versus
State Of Bihar Through The Chief Secretary, Government Of Bihar – Respondent
Advocates Appeared:
(In CWJC No.2942 of 2013)
For the Petitioner/s: Mr. S.B.K. Mangalam, Adv.
For the Respondent/s: Mr. Rajesh Kumar No.2, GP-21.
(In CWJC No.6399 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. P.K.Mishra, GP-22.
(In CWJC No.511 of 2013)
For the Petitioner/s: Mr. Rakesh Narayan, Adv.
For the Respondent/s: Mr. R.K.Samrendra, SC-21.
(In CWJC No.6403 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. R.K.Singh, GP-2.
(In CWJC No.8116 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. Ray Shivaji Nath, AAG-3.
(In CWJC No.8819 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. R.K.Samrendra, SC-21.
(In CWJC No.6258 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. G.S.Prasad, GP-1.
(In CWJC No.9476 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr.
(In CWJC No.9905 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. Dinbandhu Singh, GP-9.
(In CWJC No.6341 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. V.M.K.Sinha, AAG-13.
(In CWJC No.5229 of 2013)
For the Petitioner/s: Mr. Bindhyachal Singh, Adv.
For the Respondent/s: Mr. Lalit Kishore, AAG-1.
(In CWJC No.6766 of 2013)
For the Petitioner/s: Mr. Kamal Kishore Singh, Adv.
For the Respondent/s: Mr. P.Pratap, GP-6.
(In CWJC No.7061 of 2013)
For the Petitioner/s: Mr. S.M.Shabbir Alam, Adv.
For the Respondent/s: Mr. Ajay, SC-11.
(In CWJC No.6132 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mrs. Shail Kumari, SC-15.
(In CWJC No.8460 of 2013)
For the Petitioner/s: Mr. S.B.K. Managalam, Adv.
For the Respondent/s: Mr. G.K.Agrawal, GA-10.
(In CWJC No.3269 of 2013)
For the Petitioner/s: Mr. S. B. K. Mangalam, Adv.
For the Respondent/s: Mr. S.A. Alam SC-3.
(In CWJC No.3595 of 2013)
For the Petitioner/s: Mr. S. B. K. Mangalam, Adv.
For the Respondent/s: Mr. J.S.Barnwal, SC-1.
(In CWJC No.6567 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. Ray Shivaji Nath, AAG-3.
(In CWJC No.6629 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. M.Prasad, GP-12.
(In CWJC No.6995 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. R.Roy, GP-5.
(In CWJC No.5219 of 2013)
For the Petitioner/s: Mr. Raghunandan Kumar Singh, Adv.
For the Respondent/s: Mrs. Shail Kumari, SC-15.
(In CWJC No.6703 of 2013)
For the Petitioner/s: Mr. Sanjay Kumar Tiwary, Adv.
For the Respondent/s: Mr. A.B.Sinha, SC-19.
(In CWJC No.3789 of 2013)
For the Petitioner/s: Mr. S. B. K. Mangalam, Adv.
For the Respondent/s: Mr. Pawan Kr. Mishra GP-.22
(In CWJC No.3785 of 2013)
For the Petitioner/s: Mr. S. B. K. Mangalam, Adv.
For the Respondent/s: Mr. Rajesh Kumar GP-21
ORDER
All these cases have been clubbed together as a common plea has been advanced before this Court in all the cases on behalf of the petitioners. In all the cases, the vehicles of the petitioners have been seized by the forest officials, at times, with aid of the police, allegedly loaded with forest produce, and/or seized allegedly from forest area. Charges in all the cases are that the vehicles were involved in commission of various forest offences; were transporting various forest materials and/or were involved in illegal mining and they had no valid challan or permit for the same. Individual facts and nature of the vehicle involved in a particular case may vary, but seizure of the vehicle (at times with trailer) is a common factor in all the cases.
2. Submissions were that the vehicles were not seized from forest area and/or were not involved in commission of any forest offence. Submissions were also that the confiscation proceeding is going on since long and the vehicles are lying in open, unprotected, uncared for, expose to vagaries of weather, as a result of which their conditions are fast deteriorating and, if they are not released soon on any condition, whatsoever, they
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