Valid documentation and adherence to transport regulations prevent vehicle confiscation under the Indian Forest Act.

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR C.A.V. JUDGMENT Date : 10-12-2025 The petitioner has moved this Court for the following reliefs:-

i. To issue writ/writs, order/orders, direction /

directions including a writ in the nature of certiorari for quashing the order dated 03.11.2016 passed by respondent D.F.O., Rohtas at Sasaram, vide Forest Confiscation Case no. 52/2016 (A & B) arising out of Forest Case No.18/2016 (as contained in Annexure-3) whereby and whereunder the vehicle Mahindra Tractor bearing registration no. BR-24G-9914 along with Trolly No.BR-24G-9922 of the petitioner has been confiscated and further to quash the order dated 05.06.2018 passed in Forest Confiscation Appeal No.79 of 2016 (as contained in Annexure-4) by which the Forest Confiscation appeal preferred by the petitioner and the order of Forest Confiscation Appeal of the vehicle has been dismissed, which has been affirmed by the respondent District Magistrate, Rohtas at Sasaram and also to quash the revisional order dated 13.10.2020 passed in Forest Confiscation Revision Case No.10 of 2020 by the respondent Principal Secretary, which has been dismissed and the order has been communicated to the petitioner as contained in Annexure-5 to this writ petition.

ii. To issue a writ/writs, order/orders, direction/directions including a writ in the nature of mandamus directing the Respondents to release finally the aforesaid vehicle Mahindra Tractor bearing Registration No. BR-24G-9914 along with Trolly bearing Registration No.

BR24G-9922 in favour of the petitioner.”

2. Based on the information received from the S.H.O. of Tilauthu Police Station, the forest officials apprehended two tractors which were loaded with stone chips and thereafter the tractor of the petitioner bearing registration No. BR-24G-9914 along with trailer / trolly bearing registration no. BR-24G-9922 was seized under sections 33, 41 and 42 of the Indian Forest Act . Accordingly, the Forest Confiscation Case No.52 of 2016 was initiated against the petitioner. The Divisional Forest Officer, vide impugned order dated 03.11.2016 confiscated the tractor and trailer/trolly of the petitioner. Against the aforesaid order, the petitioner filed an appeal, which was dismissed vide impugned order dated 05.06.2018. Against the order passed in appeal, the petitioner preferred a revision application before the revisional authority, which too was dismissed vide impugned order dated

13.10.2020.

3. At the outset, the learned counsel for the petitioner submits that the authorized officer seizing the vehicle had deliberately not mentioned the registration numbers of the tractor and trailer/trolly of the petitioner.

4. It is submitted by learned counsel for the petitioner that four tonnes of stone chips were loaded on the tractor of the petitioner from the premises of one M/s. Mandeya Mashihani, Chatarpur, District- Palamu, State-Jharkhand. The aforesaid stone chips were being carried on the strength of a transit challan which was purchased by the petitioner and the stone chips were being carried for the purpose of construction of a temple situated at village- Sewahi, which is evident from the challan itself.

5. It is the categorical submission of learned counsel for the petitioner that the vehicle of the petitioner was neither seen coming out of nor going into a protected forest area and rather the same was seized from the road side. Further, the petitioner was duly carrying c