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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Raj Kishor Mehta son of Saryu Prasad Mehta – Appellant
Versus
The State of Jharkhand - Respondent
W.P.(C) No.4363 of 2012
Decided on : 22-06-2023
Constitution of India ,1950 - Article 226 – Forest Conservation Act, 1980 – Section 11 and 111 – Indian Forest Act, 1927 - Sections 33, 41, 42, 52 and 64 – Forest Area – Tractor – Seized – Held, confiscation proceeding is based upon prosecution report prepared by forest guard , initiation of confiscation proceeding since will be at time when prosecution report was submitted by forest guard then the validity of consideration of any document is required to be considered if such document would have been produced before forest guard - Aforesaid finding has also been declined to be interfered with by appellate as also revisional authority - Law is well settled that if reasoning is based upon the document, there cannot be interference by High Court sitting under Article 226 of Constitution of India by issuance of writ of certiorari - Court is of view that merely because writ petitioner has been acquitted in criminal case, decision taken in confiscation proceeding cannot be interfered with - Writ petition dismissed
JUDGMENT :
The writ petition is under Article 226 of the Constitution of India whereby and whereunder following prayers have been made :-
(ii) For issuance of further Writ (s)/order(s)/direction (s) setting aside the order dated 19.11.08 passed by learned Deputy Commissioner, Hazaribagh in confiscation Appeal No. 28 of 2008.
(iii) For issuance of further appropriate Writ(s)/order(s)/direction(s) for setting aside the order dated 3.4.08 passed by divisional Forest Officer, East Division, Hazaribagh in confiscation case no. 28 of 2006 arising out of G.Case No. 430 of 2006 confiscating the vehicle of the petitioner i.e. Tractor No. JH-02G/7803 and Tailor No. JH-02G/7804.
(iv) For issuance of further appropriate Writ (s)/order(s)/direction(s) upon the respondents to immediately and forthwith release the vehicle and No.JH- 02G/7803 and Tailor No. JH-02G/7804 in favour of the petitioner who is owner of the said vehicle.
2. Brief facts of the case as per the pleadings made in the writ petition, which are required to be enumerated herein, read as under :-
It is the case of the petitioner that on 08.10.06 at 8:15 a.m., a tractor with trailer loaded with stone was seized by forest guard Sayendra Ram in Darudih forest in course of patrolling.
The driver of the said tractor was arrested and for that one case was reregistered on the basis of the offence report and accordingly on the basis of the said report a confiscation proceeding was initiated.
It is the further case of the petitioner that the petitioner is owner of the Tractor no. JH-02G/7803 and Tailor No. JH-02G/7804 which has been seized in this case and thereafter confiscation case bearing No. 28 of 2006 was initiated by the Authorised Officer-cum-Divisional Forest Officer, East Division, Hazaribagh.
On being noticed to appear and file show cause, the petitioner appeared before the Authorised Officer-Cum-Divisional Forest Officer, East Division, Hazaribagh and filed his show cause denying the allegation leveled against him and also set forth his contention.
The petitioner, in his show cause, has clearly stated that the stone loaded on the tractor is not taken from the forest area rather the same has been validly purchased by one Arun Kumar from the M/s. Laxmi Stone on 08.10.06 which was being transported on the vehicle of the petitioner under valid transport Challan.
It is the case of the petitioner that the Divisional Forest Officer has not considered the contention of the petitioner in true perspective and has passed an order of confiscation of the said vehicle belonging to the petitioner vide order dated 03.04.2008 in confiscation case no. 28 of 2006.
Being aggrieved with the said order, the petitioner filed appeal before the Deputy Commissioner, Hazaribagh which was numbered as Confiscation Appeal No. 28 of 2008 against the order dated 03.04.2008 passed by Divisional Forest Officer, Hazaribagh which was heard and dismissed vide order dated 19.11.2008 without considering the contention of the petitioner.
Against the aforesaid order dated 19.11.2008, the petitioner filed revision before the Revisional Officer-Cum-Additional Chief Secretary, Forest and Environment Department, Jharkhand, Ranchi which was numbered as Revision Petition No.2/ forest Muk. (C) 69/2010, which was also dismissed vide order dated 25.04.2012.
Being aggrieved with the aforesaid orders, the instant writ petition has been filed.
3. It appears from the pleading made in the writ petition that a confiscation proceeding was initiated on the basis of the prosecution report submitted by one forest guard on the basis of the fact that on interception of the vehicle in question, no document of the stone chips were produced and, therefore, prosecution report for
The authority has the power to cancel a license under Section 7(5)(C) of the Bihar Saw Mill (Regulation) Act, 1990, and the pendency of a criminal case does not preclude confiscation proceedings.
The main legal point established is that the owner of a vehicle used in a forest offence may not be held responsible if they can prove lack of knowledge or connivance, as per Section 49(6) of the AFR....
The central legal point established in the judgment is the requirement for authorities to consider all relevant documents and verify factual claims before ordering confiscation under the Indian Fores....
The central legal point established in the judgment is the requirement for authorities to consider all relevant documents, particularly transport challans, and to verify facts before making decisions....
The legality of the seizure of the vehicle under the Kerala Forest Act and the requirement of simultaneous seizure of contraband articles were the central legal points established in the judgment.
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