Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR C HOUDHARY, J
Shambhu Mandal, Son Of Rajendra Mandal – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer to direct the respondent No.2 of the instant Writ Petition (Cr.) to release the vehicle bearing Registration No. BR-11GD-7627 in favour of the petitioner which was seized in connection with Complaint Case No.898 of 2021.
3. The brief facts of the case is that one Mahindra Pick-Up van bearing Registration No. BR-11GD-7627 was found carrying wooden planks illegally, after cutting the same from the forest area, without the permission, in violation of law and the same was seized by the officers of the Forest Department. On the basis of the prosecution report submitted, Complaint Case No.898 of 2021 has been registered and the petitioner filed a petition for release of the said vehicle bearing Registration No. BR-11GD-7627 in the court of learned Judicial Magistrate-1st Class, Godda. Thereafter, the said petition was kept pending. Hence, it is submitted that the prayer, as prayed for in the instant Writ Petition (Cr.), be allowed.
4. Learned AAG III appearing for the respondent- State on the other hand vehemently opposes the prayer of
Once confiscation proceedings are initiated under the Indian Forest Act, no court has jurisdiction to intervene in matters of possession or disposal of the seized property.
Confiscation proceedings under the Indian Forest Act bar any court from intervening in property release prior to completion of proceedings, affirming jurisdiction is constrained under specific statut....
Point of Law : Section 15 gives independent power to the authority concerned, but confiscation of the article as mentioned there under, even before the guilt is completely established.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
