High Court granted provisional release of vehicles seized under Indian Forest Act pending confiscation. Court ordered release on conditions including ownership proof and undertaking not to alienate vehicles.
Provisional release of seized vehicles ordered within four weeks subject to ownership proof, undertaking, and security.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20766 of 2014
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Santosh Kumar S/o- Late Ram Prasad Saw R/o Village- Nauhatta, P.S. - Nauhatta, District- Rohtas.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== with
Civil Writ Jurisdiction Case No.20922 of 2014
====================================================== Manoj Kumar Upadhyay, son of Paras Nath Upadhyay, resident of villageAhirauli, P.S. Buxar Industrial Area, District-Buxar
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21093 of 2014
====================================================== Sonu Kumar @ Sonu Chaurasiya, son of Kalika Chaurasiya, resident of village and P.O. Chilahari (Chilbari), P.S. Buxar, District-Buxar
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21099 of 2014
====================================================== Laxman Singh, S/o Dwarika Singh, R/o village-Gopi Bigha, P.O. Jamuhar,
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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P.S. Dehri, District-Rohtas
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21132 of 2014
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Rajesh Kumar Singh, son of Late Surya Keshwar Singh, resident of Mohalla-Lal Service, 274/B, S.K. Puri, Boring Road, Patna. At present Mohalla-Mahavir Astan Kuraich, Gaurakshni, Sasaram, P.S. Sasaram, District-Rohtas
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21160 of 2014
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Awadhesh Kumar Singh, S/o Gharbharan Singh, R/o Village-Mathiya Gurdus, P.O.-Sonadihla, District-Buxar
.... .... Petitioner/s
Versus
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with
Civil Writ Jurisdiction Case No.21164 of 2014
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Amit Kumar, son of Nand Kishore Singh, resident of Mohalla-Company Sarai, Sasaram, P.S. Sasaram, District-Rohtas (Bihar). At present resident of Mohalla-Tapovan, P.S. Ram Nagar, District-Varanasi (U.P.)
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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.... .... Petitioner/s
Versus
====================================================== with
Civil Writ Jurisdiction Case No.21219 of 2014
====================================================== Vinay Kumar Pandey, S/o Haridas Pandey, R/o Mohalla-Teachers’ Colony, Charitravan Buxar, P.S. Buxar, District-Buxar
.... .... Petitioner/s
Versus
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with
Civil Writ Jurisdiction Case No.21270 of 2014
====================================================== Manoj Kumar Upadhyay, S/o Paras Nath Upadhyay, R/o village + P.O. Aharauli, P.S. Buxar (Industrial), District-Buxar
.... .... Petitioner/s
Versus
Civil Writ Jurisdiction Case No.21283 of 2014
====================================================== Manoj Kumar Upadhyay, S/o Paras Nath Upadhyay, resident of villageAhirauli, P.S. Buxar (Industrial) Area, District-Buxar
.... .... Petitioner/s
Versus
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21296 of 2014
====================================================== Ashok Singh, S/o Shivpujan Singh, R/o A.M. Road, Nagaland, Mokokchung, PIN-798601, through power of attorney holder-Dhanu Lal Sonkar @ Dhanu, S/o Saryu Sonkar, R/o Alamganj, Chalaniya, P.S. Sasaram, District-Rohtas
.... .... Petitioner/s Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21301 of 2014
====================================================== Shivaji Singh, S/o Sri Ramdeo Singh, R/o Chandani Chowk, 11 No. Lakh, P.O.Gajadharganj, P.S. Buxar, District-Buxar
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21306 of 2014
====================================================== Anil Kumar Gupta, S/o Suresh Sah, R/o village-Admapur, P.S. Sheosagar, District-Rohtas
.... .... Petitioner/s
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21321 of 2014
====================================================== Ram Ashray Singh, S/o Kapildeo Singh, R/o 39 Chakuna, P.S. Kutumba, District-Aurangabad
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21376 of 2014
====================================================== Santosh Kumar, S/o Ram Janam Singh, R/o Village-Sanath Bigha, P.O. Dalmiya Nagar, P.S. Dehri, District-Rohtas
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21403 of 2014
====================================================== Rajesh Kumar Singh, son of Late Suraj Keshwar Singh, resident of
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Mohalla-Mahavir Asthan Kuraich, Sasaram, District-Rohtas (Bihar). At present-Karma, P.S. Koderma, District-Koderma (Jharkhand)
.... .... Petitioner/s
Versus
.... .... Respondent/s
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Civil Writ Jurisdiction Case No.21483 of 2014
====================================================== Subodh Kumar, son of Sri Ram Prasad Sah, resident of village-Amara, P.S. Sasaram (M), District-Rohtas
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21526 of 2014
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Sanjay Kumar Singh son of Sri Raghaw Singh, resident of Mohalla-Maula Bag Ara, P.O. and P.S. Nawada, District-Bhojpur. At present resident of village-Bansa, P.O. Karwandiya, P.S. Sasaram(M), District-Rohtas
.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21611 of 2014
====================================================== Gorakh Yadav, son of Ram Pyare, resident of village- Surhi Narsing Patti, P.S. Narhi, District-Baliya (U.P.)
.... .... Petitioner/s
Versus
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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Division, Rohtas at Sasaram
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.21735 of 2014
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.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance: (In CWJC No.20766 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Anil Kr Uapdhyay (In CWJC No.20922 of 2014) For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. Prabhat Kumar Singh, SC-12 (In CWJC No.21093 of 2014) For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. Kumar Alok, SC-8 (In CWJC No.21099 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Anil Kumar, GP-23 (In CWJC No.21132 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. Partha Sarthy, GA-11 (In CWJC No.21160 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Sanjay Pandey, GP-21 (In CWJC No.21164 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. Anil Kumar Sinha, GP-9 (In CWJC No.21219 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Nirbhay K.Singh (In CWJC No.21270 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Purnendu Singh, GP-27
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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| (In CWJC No.21283 of 2014) |
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| For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. Sheo Shankar Pd., SC-10 (In CWJC No.21296 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Anshuman Singh, GP-24 I CWJC N21301 f 2014 |
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| (n o. o ) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Gyan Prakash Ojha, GP-22 (In CWJC No.21306 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Vivek Prasad, GP-18 (In CWJC No.21321 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh For the Respondent/s : Mr. Geeta Kumari |
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| (In CWJC No.21376 of 2014) For the Petitioner/s : Mr. Uma Shankar Singh |
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| For the Respondent/s : Mr. Rajesh Kumar, GP-19 (In CWJC No.21403 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. Smt. Nivedita Nirikar, GA-10 (In CWJC No.21483 of 2014) For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. Smt. Geeta Kumari, GP-28 (In CWJC No.21526 of 2014) For the Petitioner/s : Mr. Rajani Kant Singh For the Respondent/s : Mr. Arbind Kumar No. II, SC-17 (In CWJC No.21611 of 2014) |
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| For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Respondent/s : Mr. S. Paswan, GP-29 Mr. Rajesh Kumar Mishra, A.C. to G.P. 29 (In CWJC No.21735 of 2014) For the Petitioner/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. Sadanand Paswan, GP-29 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER |
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| 2 | 22-12-2014 Learned counsel for the parties are present. |
| As prayed by Mr. Uma Shankar Singh, he is permitted to make corrections in CWJC No.21160 of 2014, CWJC No. 21219 |
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| of 2014, CWJC No. 21270 of 2014 and CWJC No. 21306 of 2014 insofar as the registration numbers of the vehicles are concerned, |
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| during the course of the day. |
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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Similar permission is granted to Mr. Sanjay Kumar Tiwary for making appropriate corrections in CWJC No. 21093 of 2014 in respect of number of the confiscation case. He is permitted to do so during the course of the day.
Since in each of these cases the relief prayed by the petitioners is identical hence they have been taken up together for analogous hearing and final disposal with the consent of the parties.
The petitioners in each of the writ petitions seek a direction to the Divisional Forest Officer, Rohtas Forest Division, Rohtas-Cum-Authorized Officer under the Indian Forest Act, 1927, for provisional release of their respective vehicle pending adjudication of the confiscation proceedings. In each of these cases the vehicle of these petitioners stands seized on grounds of alleged violation of the provisions of the Indian Forest Act and which has led to institution of the Forest Case which is now pending consideration in respective confiscation proceedings before the Authorized Officer who happens to be the Divisional Forest Officer, Rohtas Forest Division, Rohtas.
The contention advanced by the learned counsel for the respective petitioners is that keeping the vehicles under the open sky to face the vagaries of the weather would serve no purpose and would only turn them obsolete rendering them useless for any
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future use and which would benefit none rather it would only result in loss.
Learned counsel for the respective petitioners have stated that the petitioners would not be creating any third party right nor they would alienate the vehicle pending disposal of the respective confiscation case and that they would produce the vehicle as and when required in the confiscation proceedings. It is also the contention of learned counsel that release petitions have also been filed before the statutory authority but has remained pending in most of the cases and thus these writ petitions. The individual details of the petitioner in each of the writ petitions are given hereinbelow.
(1). C.W.J.C. No. 20766 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR24G-0897 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 25 of 2014 which has led to registration of Confiscation Case No. 78 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(2). C.W.J.C. No. 20922 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR-44G-3505, Engine No. B591803241E63375354 and Chassis No. MAT
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448022E2E06039 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 71 of 2014 which has led to registration of Confiscation Case No. 95 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(3). C.W.J.C. No. 21093 of 2014
In this case the vehicle of the petitioner bearing Registration No. UP-60T/3783, Chassis No. MAT 466388D5C03012 and Engine No. 31C63317970 and Registration No. UP60T2586, Chassis No. MAT 466388C5H13934 and Engine No. 21H84066528 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 69 of 2014 which has led to registration of Confiscation Case No. 93 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(4). C.W.J.C. No. 21099 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR24G/5737 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 67 of 2014 which has led to registration of Confiscation Case No. 91 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division,
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Rohtas at Sasaram.
(5). C.W.J.C. No. 21132 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR01GA/4447 was seized on allegations of transporting forest produce without any supportive papers giving rise to Sasaram(Agarer) P.S. Case No. 1128 of 2014 which has led to registration of Confiscation Case No. 86 of 2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(6). C.W.J.C. No. 21160 of 2014
In this case the vehicles of the petitioner bearing Registration No. UP60T-3945, Registration No. UP60T/2227 and Registration No.UP60K/8814 were seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 69 of 2014 which has led to registration of Confiscation Case No. 93 of 2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(7). C.W.J.C. No. 21164 of 2014
In this case the vehicle of the petitioner bearing Registration No. UPAR/9965 was seized on allegations of transporting forest produce without any supportive papers giving rise to Sararam (Agarer) P.S. Case No. 1128 of 2014 which has led to registration of Confiscation Case No. 86 of 2014 pending adjudication before the Divisional
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(8). C.W.J.C. No. 21219 of 2014
In this case the vehicle of the petitioner bearing Registration No. UP60T/0049 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 69 of 2014 which has led to registration of Confiscation Case No. 93 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(9). C.W.J.C. No. 21270 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR44G/3064 and Registration No. UP60T/2577 were seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 69 of 2014 which has led to registration of Confiscation Case No. 93 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(10) C.W.J.C. No. 21283 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR-44G-0196, Chassis No. 426036FSZ726047 and Engine No. 70E62575947 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 71 of 2014 which has led to registration of
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Confiscation Case No. 95 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(11). C.W.J.C. No. 21296 of 2014
In this case the vehicle of the petitioner bearing Registration No. NL02K/2789 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 65 of 2014 which has led to registration of Confiscation Case No. 89 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(12). C.W.J.C. No. 21301 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR44G/0835 and Registration No. BR44G/3485 were seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 69 of 2014 which has led to registration of Confiscation Case No. 93 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(13). C.W.J.C. No. 21306 of 2014
In this case the vehicle of the petitioner bearing Registration No. OR11C/6964 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 65 of 2014 which has led to registration of
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Confiscation Case No. 89 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(14). C.W.J.C. No. 21321 of 2014
In this case the vehicle of the petitioner bearing Registration No. JH02Q/2285 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 67 of 2014 which has led to registration of Confiscation Case No. 91 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(15). C.W.J.C. No. 21376 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR27A/5179 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 67 of 2014 which has led to registration of Confiscation Case No. 91 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(16). C.W.J.C. No. 21403 of 2014
In this case the vehicle of the petitioner bearing Registration No. JH12C/0482 was seized on allegations of transporting forest produce without any supportive papers giving rise to Sasaram (Agarer) P.S. Case No. 1128 of 2014 which has led to registration of Confiscation Case No. 86 of
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2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(17). C.W.J.C. No. 21483 of 2014
In this case the vehicle of the petitioner bearing Registration No. UP-67T-0667, Chassis No. 426031JRZ016165 and Engine No. 80H62707746 was seized on allegations of transporting forest produce without any supportive papers giving rise to Nokha P.S. Case No. 189 of 2014 which has led to registration of Confiscation Case No. 97 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(18). C.W.J.C. No. 21526 of 2014
In this case the vehicle of the petitioner bearing Registration No. UP65R/8362 was seized on allegations of transporting forest produce without any supportive papers giving rise to Nokha P.S. Case No. 189 of 2014 which has led to registration of Confiscation Case No. 97 of 2014 pending adjudication before the Divisional Forest Officer-cum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(19). C.W.J.C. No. 21611 of 2014
In this case the vehicle of the petitioner bearing Registration No. UP-60L-1460, Chassis No. MAT 42602390D06228 and Engine No.
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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90D962748221 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 69 of 2014 which has led to registration of Confiscation Case No. 93 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
(20) C.W.J.C. No. 21735 of 2014
In this case the vehicle of the petitioner bearing Registration No. BR-24G/0893 was seized on allegations of transporting forest produce without any supportive papers giving rise to Forest Case No. 27F of 2014 which has led to registration of Confiscation Case No. 80 of 2014 pending adjudication before the Divisional Forest Officercum-Authorized Officer, Rohtas Forest Division, Rohtas at Sasaram.
I have heard learned counsel for the parties and I have perused the materials on record.
As I have taken note of hereinabove, the vehicles of these petitioners stand seized on allegation of being loaded with illegally mined stone chips. Though learned counsel for the respective petitioners have tried to defend the load carried on each of the vehicles but considering that the matter is pending adjudication before the statutory authority, this Court would express no opinion thereon. However taking note of the
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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circumstances that these vehicles are lying unattended under the open sky to face the vagaries of weather, this Court is of the opinion that allowing these vehicles to turn obsolete would benefit none rather it would only lead to losses and thus this Court would deem fit and proper to order for the provisional release of the vehicles subject to furnishing of supporting papers of ownership and security as deem fit and proper by the authorized officer and which release obviously would be subject to final outcome of the confiscation proceedings.
In the circumstances discussed, this Court would direct the Divisional Forest Officer, Rohtas Forest Division, Rohtas cum Authorized Officer under the Forest Act, 1927 in seisin of the respective confiscation cases which are subject matter of the present proceedings to order for the release of the respective vehicles in favour of the petitioners within four weeks of the receipt/production of a copy of the order subject to the fulfillment of the following conditions.
Patna High Court CWJC No.18278 of 2014 (2) dt.22-12-2014
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during the pendency of the confiscation proceedings and shall produce the vehicle as and when required in the confiscation proceedings.
the writ petitions are disposed of.
(Jyoti Saran, J)
S.Sb/-
U
2 issues framed by the court
Whether vehicles seized under Indian Forest Act pendng confiscation proceedings should be provisionally released to prevent damage from weather.
What conditions must petitioners satisfy for provisional release of seized vehicles pending adjudication of confiscation proceedings.
1 provisions across 1 enactments
Santosh Kumar and 19 other petitioners
The State of Bihar through Principal Secretary Forest Department
Chief Conservator of Forest, Bihar
District Magistrate, Rohtas
Divisional Forest Officer cum Authorized Officer, Rohtas
Authorized Officer cum Divisional Forest Officer, Rohtas
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
