POONAM SRIVASTAV, J. - (1.) THE instant writ petition is preferred challenging the order dated 02.11.2010 (Annexure5) passed by Respondent No.2 in Revision Petition No. 50 of 2009, whereby the appellate order dated 22.01.2009 (Annexure4) passed by Respondent No. 3 in Confiscation Appeal No. 115 R15 of 200102 affirming the order dated 18.08.2001 (Annexure3) passed by Respondent No. 4 in Confiscation Case No. 30 of 1999 is set at naught.
(2.) THE petitioner was running a Saw Mill since the year 1985. He was issued a licence which was renewed from time to time and for the last time i.e. 25.04.2001, the licence was renewed uptill 31.12.2001. Criminal proceedings were initiated by the Range Officer of Forest, Ranchi under Sections 41/42 of the Indian Forest Act on an allegation that the truck of the petitioner bearing registration No. BRV1994 was seized loaded with 190 pieces of wood (mixed Chirans). A confiscation case was registered against the petitioner. The Divisional Forest Officer, Ranchi directed the release of the truck in favour of the petitioner, but the licence to run the Saw Mill stood cancelled. The petitioner preferred an appeal before the Conservator of Forest, vide order dated 25.03.2004, the Conservator of Forest, Regional Circle, Ranchi modified the order of cancellation of licence to the extent that it stood suspended till the conclusion of confiscation proceedings as well as criminal proceedings. It is apparent from the perusal of record that the criminal proceedings initiated against the petitioner under Sections 41/42 of the Indian Forest Act, 1927 read with Section 3(1) of the Bihar Kasht Regulation Adhiniam, 1973 pending before the Chief Judicial Magistrate, Ranchi, was also challenged in the High Court under Section 482 of the Code of Criminal Procedure, vide Cr.M.P. No. 515 of 2004. this Court quashed the entire criminal proceedings and the prosecution instituted against the petitioner. Thus, the proceedings in the court of C.J.M., vide Forest Case No. 85 of 1999 is also quashed. The order was passed on 20.03.2006, which is Annexure2 to the writ petition. The order impugned in the instant writ petition in Revision setting aside the order of the appellate court as well as the trial court, is challenged in the instant writ petition. Evidently, the entire confiscation on the basis of institution of the criminal proceedings and the alleged seizure of the truck loaded with forest wood (mixed Chirans) and the criminal complaint stands quashed and as of today, no proceedings are pending against the petitioner. Therefore, in my view, the confiscation order passed in Revision Petition No. 50 of 2009 also has no legs to stand and consequently quashed. The bonds furnished at the time of the release of the truck stands discharged.
(3.) IN view of what has been stated above, this writ petition is allowed and the Licensing Authority shall proceed to pass order on the application of renewal of Saw Mill licence in accordance with law. The suspension of licence against the petitioner is set aside.;