D.G.R.PATNAIK,J. - (1.) THE petitioner in this criminal miscellaneous application, has challenged the very initiation and continuance of the criminal proceedings against him vide B.F. No. 36 of 2005 arising out of Reference No. 14P dated 27.7.2005 for the offences under sections 41 and 42 of the Indian Forest Act and under the provisions of Establishment of Depot Management Ordinance of 1983 pending in the court of Shri Akhilesh Kumar, Judicial Magistrate, 1st Class, Bokaro.
(2.) HEARD counsel for the petitioner and the counsel for the State. Facts of the case, as appearing from the reference / FIR filed by the opposite party no. 2 namely, the Divisional Forest Officer, Dhanbad Forest Division, Chas at Bokaro, is that on 15.07.2005 at about 4.00 PM, the Forest Area Officer, Chas intercepted a truck loaded with wood which was coming from Purulia side. The driver and khalasi of the truck fled away. On search of the papers of the vehicle it was found that a road permit was issued by the Beat Officer of the Kuilapal Forest Range, West Bengal vide permit no. 0602172 dated 17.07.2005 for transporting 21 cubic metres of firewood to Tirupati Food Product, Chas, Bokaro. It is alleged that on measurement it was found that volume of the firewood loaded on the truck was more than 30 cubic metres. Furthermore, the officer did not find any Establishment by the name of Tirupati Food Product, Chas, Bokaro.
(3.) ON the allegation that there has been violation of the provisions of the Forest Act and Depot Management Ordinance, the truck along with the goods loaded thereon, was seized and the prosecution report was drawn up not only against the driver and khalasi of the truck but also against the owner of the truck namely, the present petitioner. Simultaneously, a confiscation proceeding was initiated for confiscation of the vehicle.;