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2015 Supreme(Pat) 519
IN THE HIGH COURT OF JUDICATURE AT PATNA
JYOTI SARAN, J.
Devbali Chauhan - Petitioners
Versus
State of Bihar & Ors. - Respondents
Civil Writ Jurisdiction Case No.3080, 3083, 3088, 3091, 3157, 3478, 4422, 3672, 4429 & 4279 of 2015
Decided On : 15-04-2015
Advocate Appeared:
(In CWJC No.3080 of 2015)
For the Petitioners: Mr. Uma Shankar Singh
For the Respondents: Mr. Anshuman Singh- Gp-24
(In CWJC No.3083 of 2015)
For the Petitioners: Mr. Uma Shankar Singh
For the Respondents: Mr. Manindra Kishore Singh, SC-6
(In CWJC No.3088 of 2015)
For the Petitioners: Mr. Rajani Kant Singh
For the Respondents: Mr. Rajiv Roy, GP-5
(In CWJC No.3091 of 2015)
For the Petitioners: Mr. Uma Shankar Singh
For the Respondents: Mr. M.K. Sinha, SC-1
(In CWJC No.3157 of 2015)
For the Petitioners: Mr. Sanjay Kumar Tiwary
For the Respondents: Mr. Dinbandhu Singh, GP-9
(In CWJC No.3478 of 2015)
For the Petitioners: Mr. Rajani Kant Singh
For the Respondents: Mr. Ashok Kumar Keshri, AAG-11
(In CWJC No.4422 of 2015)
For the Petitioners: Mr. Vipin Kumar Singh
For the Respondents: Mr. S.A. Alam, SC-3
(In CWJC No.3672 of 2015)
For the Petitioners: Mr. Rajani Kant Singh
For the Respondents: Mr. P.N. Shahi, AAG-10
(In CWJC No.4429 of 2015)
For the Petitioners: Mr. Vipin Kumar Singh
For the Respondents: Mr. Ashok Kumar Priyadarsi, GA-4
(In CWJC No.4279 of 2015)
For the Petitioners: Mr. Vipin Kumar Singh
For the Respondents: Mr. Sc1- M.K. Sinha
The court has the authority to order provisional release of seized vehicles subject to specified conditions and in consideration of the final outcome of the confiscation/criminal proceedings.
Headnote:
Forest Act - Provisional Release of Vehicles - Forest Act, 1927 - Section 2, Section 17 - The court ordered provisional release of vehicles subject to furnishing of supporting papers of ownership and security as deemed fit and proper by the authorized officer. The release of the vehicle shall be governed by the final outcome of the confiscation/criminal proceedings.
Fact of the Case:
The petitioners sought a direction for the provisional release of their vehicles, which were seized on allegations of transporting forest produce without supportive papers, pending adjudication in the confiscation/criminal proceedings.
Finding of the Court:
The court deemed it fit and proper to order for the provisional release of the vehicles, considering that allowing the vehicles to turn obsolete would benefit none and lead to losses.
Issues: The main issue was the provisional release of the seized vehicles pending adjudication in the confiscation/criminal proceedings.
Ratio Decidendi: The court's decision was influenced by the need to prevent the vehicles from turning obsolete and the law laid down in the case of Sunderbhai Ambalal Desai vs. State of Gujarat.
Final Decision: The writ petitions were allowed, and the court directed the Divisional Forest Officer to order for the release of the respective vehicles in favor of the petitioners, subject to specified conditions.
Learned counsel for the parties are present.
2. Since in each of these cases the relief prayed by the petitioners is identical hence they have been taken up together for analogous hearing and final disposal with the consent of the parties at the stage of admission itself.
3. The petitioners in each of the writ petitions seek a direction to the Divisional Forest Officer, Rohtas Forest Division, Rohtas -cum- Authorized Officer under the Forest Act, 1927, for provisional release of their respective vehicle pending adjudication in the confiscation/criminal proceedings. In each of these cases the vehicle of these petitioners stands seized on grounds of alleged violation of the provisions of the Forest Act and which has led to institution of the Forest Case which is now pending consideration in respective confiscation proceedings/ criminal proceedings before the Authorized Officer who happens to be the Divisional Forest Officer, Rohtas Forest Division, Rohtas/court below.
4. The contention advanced by the learned counsel for the respective petitioners is that keeping the vehicles under the open sky to face the vagaries of the weather would serve no purpose and would only turn them obsolete rendering them useless for any future use and which would benefit none rather it would only result in loss.
5. Learned counsel for the respective petitioners have stated that the petitioners would not be creating any third party right nor they would alienate the vehicle pending disposal of the respective confiscation case/ criminal proceedings and that they would produce the vehicle as and when required in the confiscation proceedings/criminal proceedings. It is also the contention of learned counsel that release petitions have also been filed before the statutory authority but has remained pending in most of the cases and thus these writ petitions. The individual details of the petitioner in each of the writ petitions are given here-in-below.
(1) CWJC No. 3080 of 2015:
6. In this case the vehicle of the petitioner bearing Registration No. BR-01GA-8188 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No.8 of 2015 which has led to registration of Confiscation Case No.17 of 2015 pending adjudication before the Divisional Forest Officer -cum- Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(2) CWJC No. 3083 of 2015:
7. In this case the vehicle of the petitioner bearing Registration No. BR-24G/9575 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No.13 of 2015 which has led to registration of Confiscation Case No.21 of 2015 pending adjudication before the Divisional Forest Officer -cum- Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(3) CWJC No. 3088 of 2015:
8. In this case the vehicle of the petitioner bearing Registration No.UP-78BT/1931 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No.9 of 2015 which has led to registration of Confiscation Case No.9 of 2015 pending adjudication before the Divisional Forest Officer -cum- Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(4) C.W.J.C. No. 3091 of 2015:
9. In this case the vehicle of the petitioner bearing Registration No.OR-14Q/5155 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No.81 of 2014 which has led to registration of Confiscation Case No.103 of 2014 pending adjudication before the Divisional Forest Officer -cum- Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(5) CWJC No. 3157 of 2015:
10. In this case the vehicle of the petitioner bearing Registration No.OR-23B-2322 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No.4 of 2015 which has led to registration of Confiscation Case No.11 of 2015 pending adjudication be
