- (1.) THE petitioner is aggrieved by and has prayed for quashing order dated 12.10.2011 (Annexure 6) passed by Secretary. Forest and Environment Department, State of Jharkhand, in Criminal Revision No. 74 of 2010 whereby the said Secretary has set aside the order passed by D.C., Koderma in Confiscation Appeal No. 02 of 2008.
(2.) THE facts of the case is that the petitioner is the owner of commercial truck bearing registration No. JH -12 -A/6751 and the same was seized on the allegation that illegal Mica was loaded on the truck. The case was registered under Sections 33, 41 and 42 of the Indian Forest Act. A criminal case was also instituted on the said allegation. According to the report filed by the Range Officer, he had seen the truck in question loaded with Dibra Mica. One Prakash Modi and Md. Anamul were escorting the said truck. When the informant tried to stop the truck, the driver of the said truck escaped with speed. Thereafter the forest officer arranged a jeep and chased the truck. The truck was caught at Bariadih Forest Naka. The truck driver however succeeded in running away. The truck was seized with Dibra Mica and was brought to the Bariadih Forest office. It was alleged that the Dibra Mica was brought from Plot Nos. 358 and 362, which is forest land, within forest area. It was further alleged that the owner of the vehicle was also involved as he has given his vehicle for illegal transportation of forest produce. The petitioner pleaded innocence and stated that he has been falsely implicated in this case only because he happens to be the owner of the vehicle and had given his commercial vehicle on hire to one Prakash Modi, who is a registered dealer of Mica. It has' been further stated that the vehicle was not seized from the forest area and the petitioner has no concern with the commodity in question. He was not present at the place of occurrence. The petitioner's truck was also not recovered from the forest area. There is no evidence on record to prove that the alleged Mica was loaded in forest area. The entire prosecution case is based on conjecture and surmises and no cogent evidence was adduced to substantiate the said allegations. It has been stated that the petitioner has been deliberately implicated after instituting the case which is an after -thought with ill motive. Prakash' Modi, who had taken the truck on hire has claimed that the Mica loaded on the truck is' supported by valid document and he had got the Mica loaded. Though there was no valid ground, the Forest Officer -cum -Divisional Forest Officer, Koderma without any legal evidence passed arbitrary, and illegal order dated 10.11.2008 directing confiscation of the petitioner's vehicle.
(3.) THE petitioner preferred appeal against the said order before the Appellate Authority -cum -D.C., Koderma which was registered as Confiscation Appeal No. 2 of 2008. Learned Appellate Authority after hearing the parties and thoroughly considering the facts and materials on record allowed the petitioners appeal and set aside the order passed by the Authorized Officer -cum -Divisional Forest Officer, Koderma by his order dated 29.09.2009.;