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2003 Supreme(Jhk) 693

SUDHANSU JYOTI MUKHOPADHAYA
Vijay Kumar Singh – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

S.J. Mukhopadhaya, J.

1. The petitioner has challenged the original order dated 10th August, 2001 passed by the Divisional Forest Officer (DFO for short), Garhwa in Confiscation Case No. 21/2000; Appellate order dated 25th of February, 2002 passed by the Deputy Commissioner, Garhwa in Confiscation Appeal No. 19/2001 and the revisional order dated 4th December, 2002 passed by the Secretary, Forest Department, Government of Jharkhand in Revision Case No. (C)-11/2002.

In the confiscation case, the Respondent DFO, seized the Truck No. BR- 15G-1140, apart from forest produce, which was affirmed by the appellate and revisional authorities.

2. The petitioner, who is the owner of the Truck, in question, has challenged the orders on amongst the following grounds :

(i) The DFO, Garhwa had no jurisdiction to confiscate the truck, in question, having not delegated with the power.

(ii) The notice of confiscation issued to the petitioner and others is not proper, the authority having not disclosed the fact that forest offence has been committed.

(iii) The owner of the truck cannot be held guilty, in the present case, the truck having hired by an agent.

3. So far as the first question is concerned,












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