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2017 Supreme(Jhk) 941
IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, J.
Beni Yadav - Petitioner
Versus
The State of Jharkhand and Ors. – Respondents
W.P. (C) No. 4191, 4115, 4193 of 2016
Decided On : 15-02-2017
For the Petitioner: Mr. Munna Lal Yadav
For the Respondent: Mr. Navin Kr. Singh
The court allowed the petitioner to seek release of confiscated vehicles by submitting security equivalent to their value, with the understanding that the security would be forfeited if the writ petitions fail.
Headnote:
Confiscation - Forest Appeal - WPC No. 4191/2016, WPC No. 4115/2016, WPC No. 4193/2016 - Forest Act, Section 4 - The court allowed the petitioner to move the Divisional Forest Officer for release of the vehicles pending adjudication of the writ petitions, subject to furnishing security equivalent to the value of the vehicles under confiscation.
Fact of the Case:
The petitioner sought release of confiscated vehicles pending adjudication of the writ petitions, offering to submit security equivalent to the value of the vehicles.
Finding of the Court:
The court allowed the petitioner to apply for release of the vehicles by submitting security, with the understanding that the security would be forfeited if the writ petitions fail.
Issues: Release of confiscated vehicles pending adjudication, submission of security by the petitioner.
Ratio Decidendi: The court granted the petitioner the liberty to move the Divisional Forest Officer for release of the vehicles by submitting security equivalent to their value, with the understanding that the security would be forfeited if the writ petitions fail.
Final Decision: The court allowed the petitioner to apply for release of the vehicles by submitting security equivalent to their value, with the understanding that the security would be forfeited if the writ petitions fail.
Matters have been taken up on mentioning by the learned counsel for the petitioner with consent of the counsel for the Respondents.
2. In WPC No. 4191/2016, the order dated 11.01.2016 passed by the Revisional Authority cum Principal Secretary, Forest, Environment and Climate Change Department, Government of Jharkhand in Revision Case No. 131/2014, is under challenge, whereby the order dated 17.07.2014 passed by the Deputy Commissioner, Jamtara in Confiscation Forest Appeal Case No. 07/2013-14 has been set aside and the order of confiscation passed by the Authorized Officer – cum – Divisional Forest Officer, Jamtara in Confiscation Case No. 04/2013 on 02.11.2013 has been confirmed.
3. In WPC No. 4115/2016, the order dated 11.01.2016 passed by the Revisional Authority cum Principal Secretary, Forest, Environment and Climate Change Department, Government of Jharkhand in Revision Case No. 133/2014 is under challenge, whereby the order dated 17.07.2014 passed by the Deputy Commissioner, Jamtara in Confiscation Forest Appeal Case No. 05/2013-14 has been set aside and the order of confiscation passed by the Authorized Officer – cum – Divisional Forest Officer, Jamtara in Confiscation Case No. 02/2013 on 09.09.2013 has been confirmed.
4. In WPC No. 4193/2016, the order dated 11.01.2016 passed by the Revisional Authority cum Principal Secretary, Forest, Environment and Climate Change Department, Government of Jharkhand in Revision Petition No. 130/2014 is under challenge, whereby the order dated 17.07.2014 passed by the Deputy Commissioner, Jamtara in Confiscation Forest Appeal Case No. 06/2013-14 has been set aside and the order of confiscation passed by the Authorized Officer – cum – Divisional Forest Officer, Jamtara in Confiscation Case No. 03/2013 on 02.11.2013 has been confirmed.
5. Learned counsel for the petitioner submits that during the pendency of the writ applications, the subject matter of confiscation i.e. the vehicles in question being Truck Nos. HR-74-4794, OR-07Z-7362 and HR-46C-4148 which are alleged to have been seized carrying 306 bags of auriculiformis fruits, 281 bags of auriculiformis fruits and 243 bags of Acacia auriculiformis fruits respectively, would be rendered unfit for use if the same is not released pending adjudication to the challenge of order of confiscation passed by the Divisional Forest Officer cum Authorized Officer, Jamtara (Respondent No. 4) upheld in Revision by the Respondent No. 2 -Principal Secretary-cum-Revisional Authority, Forest, Environment and Climate change Department, Government of Jharkhand vide impugned orders dated 11.01.2016. However petitioner is ready to satisfy the conditions for its release by submitting adequate equivalent amount of security as quantified by the Confiscation Authority (Respondent No.4).
6. Learned counsel for the petitioner has relied upon a judgment rendered by the Apex Court in the case of Sunderbhai Ambalal Desai Vrs. State of Gujarat reported in (2002) 10 SCC 283. It is submitted that petitioner has good case on merits. He has succeeded before the Appellate Forum in the Confiscation Forest Appeal Case Nos. 07/2013-14, 05/2013-14 and 06/2013-14 which have been erroneously upturned by the Revisional Authority. Learned counsel for the petitioner submits that another vehicle of the same petitioner being Truck No. HR-46C-4113 was also confiscated for the same offence by the Respondent No. 4 – Divisional Forest Officer-cum-Authorized Officer, Jamtara. The Appellate Authority– Deputy Commissioner, Jamtara however, set aside the order of confiscation in Confiscation Forest Appeal Case No. 08/2013-14 which has been erroneously upturned by the Revisional Authority. Confiscation of the said vehicle is under challenge in WPC No. 2455/2016 wherein, this Court has been pleased to direct the Respondent No. 4 -Divisional Forest Officer-cum-Authorized Officer, Jamtara to consider the application of the petitioner for release on furnishing the equivalent value of the ve
