TAPEN SEN, J. - (1.) IN this writ petition the petitioner prays for quashing the order dated 9.7.2001 (Annexure -7) passed by the respondent No. 3 confiscation case No. 9/99 whereby and whereunder the 'Kahtal" and "Gambhar" logs were confiscated with a direction upon the respondent No. 4 to auction the same. The petitioner also prays for quashing the order dated 18.5.2002 (Annexure - 8) passed by the respondent No. 2 in Confiscation Appeal No. 11/2001 dismissing the appeal which the petitioner had filed against the aforementioned order dated 9.7.2001.
(2.) THE petitioner further prays for issuance of a writ of mandamus directing the respondents to release the 'Kathal ' logs in favour of the petitioner. The facts which are relevant to be taken note of the are that the petitioner is the proprietor of M/s. Khunti Timber. He obtained a license in the year 1996 under Sec. 4 of the Bihar Saw Mill (Regulation Rules, 1993 which was registered as license No. 66/96 (Annexure -1). The petitioner states that on 8.3.1999 he came to learn that a raid had been conducted by the respondent No. 4 who has seized 84 logs of 'Gambhar" and 626 logs of 'Kathal". The petitioner states that a seizure list was prepared and it was handed over to the father of the petitioner. All this according to the petitioner, happened while he was not present in the timber yard. The petitioner further makes a grievance that the respondent No. 4 seized the logs without following the procedure as laid down under the Bihar Saw Mill (Regulation) Act, 1990 and that there were no independent witnesses who were present and also that in the column of witnesses, two employees of the Department of Forest put their signatures which was in total and complete violation of the provisions of the Sec. 8(2) of the aforementioned Act.
(3.) THEREAFTER a prosecution report was prepared on 28.4.1999 (Annexure -3) stating that the respondent No. 4 had conducted a physical verification in which he had found irregularities.;