LAKSHMAN URAON, J. - (1.) THIS Criminal Writ Petition, filed under Article 226 of the Constitution of India, is in respect of quashing the entire proceeding of Confiscation Case No. 22 of 2002, pending before the Divisional Forest Officer - cum -Authorised Officer, Koderma Forest Range, Hazaribag, under the provisions of Section 33 of the Indian Forest Act. initiated by the Range Officer, seizing the vehicle bearing Registration No. JH 11 - 5261. belonging to this petitioner, alleging that it was carrying forest products unauthorisedly.
(2.) IT appears that a case under Sections 33, 41 and 42 of the Indian Forest Act was initiated on the report of the Range Officer, Chauparan, wherein, he has alleged that on 26.7.2002 in course of raid, in the protected forest area, he saw Jeep No. JH 11 -5261 coming, loaded with Galai (forest woods), valued Rs. 1,000/ -. Learned counsel for the petitioner submitted that he is the rightful owner of the vehicle and the Range Officer in prosecution report has not signed. As such, the entire proceeding is vitiated. He further stated that Divisional Forest Officer, Koderma Forest Range, on 26.7.2002 issued a letter regarding initiation of confiscation proceeding against the vehicle of this petitioner under Section 52(3) of the Indian Forest Act and, accordingly, Confiscation Case No. 22 of 2002 was registered and notice to show cause was issued to this petitioner.
(3.) ASSAILING the said order, initiating the proceeding to confiscate the vehicle in question, learned counsel for the petitioner submitted that the seizure of the vehicle of this petitioner has deprived him of his only source of livelihood. The value of the forest product has been shown only Rs. 1,000/ -, which was found loaded on the vehicle whereas compensation has been claimed of Rs. 5,000/ -, total amounting to Rs. 6,000/ - It is stated that for this meager amount. the vehicle of this petitioner was seized and confiscation proceeding has been started. The seized vehicle is lying since 26.7.2002. Learned counsel for the petitioner further submitted that he has not committed any offence and without his knowledge, his vehicle was used for transportation of the forest products. On these grounds, it was prayed that Confiscation proceeding being Case No. 24 of 2002, pending before the Divisional Forest Officer, Koderma Forest Range Hazaribagh, be quashed and the vehicle be released in his favour.;