TAPEN SEN, J. - (1.) HEARD Mr. Ananda Sen, learned counsel for the petitioner and Mr. Pradip Modi, learned G.P. I for the State -respondents.
(2.) THE petitioner in the instant case has prayed for issuance of a writ of certiorari for quashing the following Orders : - - (1) Order dated 14.09.2001 (Annexure 5) passed by the Authorised Officer -cum - Divisional Forest Officer, Chaibasa, North Division, Chaibasa in Confiscation Case No. 11 of 2001 by reason whereof he confiscated the truck belonging to the petitioner bearing No. WB -33 -2547; (2) Order dated 22.03.2002 (Annexure 6) passed by the Deputy Commissioner, Seraikella - Kharswan by which, upon an appeal having been preferred by the petitioner, he confirmed the order of the Confiscating Authority passed on 14.09.2001 and accordingly dismissed the appeal; and (3) the Order dated 26/30.09.2002 (Annexure -7) passed by the Secretary -cum -Revisional Authority, Department of Forest and Environment, Government of Jharkhand, Ranchi rejecting the revision filed by the petitioner. The petitioner is the owner of the aforementioned registered truck and it was seized by the Beat Officer under the Chandil Range on 19.06.2001.
(3.) THE only point argued by Mr. Ananda Sen, learned counsel for the petitioner is that there is nothing on record to show that the area from where the alleged illegal mining/activity is said to have been carried out was a protected forest inasmuch as neither any notification nor any order was produced by the prosecutors before the aforementioned authorities in support of their contention that the area was a protected forest.;