Tahir Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6181 of 2019 ====================================================== Tahir Miyan Son of Vikram Miyan Resident of Village- Chainpura, P.S.- Adhaura, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Forest, Govt. of Bihar, Patna.

2.

The Divisional Forest Officer cum Authorized Officer, Kaimur at Bhabua. 3.

The Forest Range Officer, Adhaura, Kaimur at Bhabua. 4.

The Forest Guard, Adhaura, Kaimur at Bhabua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parwej Khan For the Respondent/s :

Mr. Tej Pratap Singh, AC to AAG- 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 28-05-2019 Heard the learned counsel for the petitioner and the State.

The instant writ petition has been filed for issuance of any appropriate writ(s)/order(s)/direction(s) to release the vehicle [Tractor (Mahindra D.I. 265) along with trailer] bearing registration no. BR 45G 5106 and BR 45G 5107 respectively, belonging to petitioner, which has been seized in Forest Case No. 25 of 2017 (Criminal Report No. 2(P)/2017) on 31.05.2017 by the Forest Guard, Adhaura, Kaimur at Bhabhua (Respondent No. 4) under Forest Act.

Learned counsel for the petitioner has submitted that

Patna High Court CWJC No.6181 of 2019 dt.28-05-2019 2/3 the aforesaid tractor and trailer of the petitioner have been seized by the Forest Guard, Adhaura under Forest Act in the district of Kaimur at Bhabhua and is lying in the campus of Forest Department. No order for confiscation of vehicle has been passed till date.

Counter Affidavit has been filed by the Forest Department wherein it is mentioned in para 15 that Confiscation Case No. 18 of 2017 has been registered and verdict in confiscation case is likely to be delivered shortly. Allegation against this petitioner is that he was carrying forest produce on the aforesaid vehicle. As per seizure-list aforesaid tractor was loaded with stone metal. There is no any mention that aforesaid article was seized from the forest area.

It is mentioned in the Counter Affidavit that although vehicle of the petitioner has been seized but no order has been passed for confiscation of the same till date. Therefore, Respondent no. 3 is directed to release the tractor and trailer of the petitioner within a period of two weeks from the date of receipt/production of this order after proper verification of relevant documents with respect to ownership of vehicle produced by the petitioner.

Patna High Court CWJC No.6181 of 2019 dt.28-05-2019 3/3 The petitioner will file affidavit that he will produce the vehicle as and when required by the confiscating authority and also before trial court as and when required and he will not dispose off the same till final disposal of case.

The instant writ petition is accordingly allowed. (Sanjay Priya, J) rakhi/- AFR/NAFR CAV DATE N.A.

Uploading Date 29.05.2019 Transmission Date