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2012 Supreme(Jhk) 1384

N.N.TIWARI
Parmanand Pandey – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners:M/s. Deepak Kumar and Alok Lal, Advocates
For the State: Mr. Ajit Kumar, AAG

Judgment

The petitioners have assailed the order dated 26th February, 1996 (Annexure5) passed by the Divisional Forest Officer, Social Forestry Division, Sahibganj, whereby the petitioners' truck, bearing Registration No. BRK 8565, crusher machine, electric motor and diesel engine have been confiscated for committing forest offence and mining stone in violation of Forest (Conservation) Act, 1980. The petitioners have further prayed for quashing the order dated 20th February, 1998 (Annexure6) passed by the Deputy Commissioner, Sahibganj in R.M.A. No.10 of 199697, whereby the petitioners' appeal has been dismissed and also for quashing the order dated 21st May, 2001 (Annexure2) passed by the Secretary, Ministry of Forest and Environment, Government of Jharkhand-cum-Revisional Authority, whereby the petitioners' revision has been dismissed.

2. The facts of the case, in brief, is that on 3rd December, 1995 at 3.40 p.m., the Authorized Officer of Taljhari Range along with other forest staff and armed forces led by Sub Inspector of Police arrived at Plot No.163 of Mouja Kalyani and seized crusher machine, truck bearing Registration No. BRK 8565, electric motor, diesel engine, stone challi
































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