JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for issuance of direction upon the respondents to release the Tractor bearing Registration No. BR-26-GB-2672 (Commercial), Model No. SWARAJ-735-XT, Engine No. 391355-SBNI-9930, Chassis No. MBNAN-48-ADLTPO- 8497 as well as the Trailer bearing Registration No. BR-26-GB-2693 (Commercial) in favour of the petitioner which have been seized by the Forest Guard, Muhammadganj, Daltonganj on 12.06.2021 at 10 P.M with an allegation that 20 logs of Sisam wood were found loaded on the same without valid papers in violation of the provisions of Indian Forest Act, 1927 as amended vide Bihar Amendment Act, 1989-90 and the Jharkhand Timber & Other Forest Produce (Regulation of Transit), Rules, 2004.

2. Reference may be made to the order dated 12.08.2021 by which learned AC to AAG-III appearing on behalf of the respondents was directed to seek instruction on the point as to whether any criminal case has been lodged for the alleged forest offence and any proceeding has been initiated by the respondent No. 3 for confiscation of the said vehicles.

3. Pursuant to the said order, a counter affidavit has been filed on behalf of the res