D.K.SINHA, J. - (1.) THE petitioner has preferred this petition under Section 482, CrPC for quashing the entire criminal proceedings including the order dated 24.8.2004 whereby, and where under the S.D.J.M. Porahat at Chaibasa has taken cognizance of the offence under Section 26(1)(d)(f)(g) of Indian Forest Act, 1927 read with Bihar Amendment Act, 1989 in connection with C/3 Case No. 12/2001 presently pending in the Court of Shri Vishal Srivastava, J.M. 1st Class, Chaibasa.
(2.) THE prosecution story in brief is that on 18.2.2001 Truck No BRV 9596 with another Truck No. BRS 2521 and one Dumper bearing registration No. BR -18 -A 7271 were intercepted by the Forest Guard at Railway siding, Sonua Railway Station while the said vehicles were un -loading the stone metals on the reasonable suspicion that the stone metals were carried without authority from the Forest Area. On demand no valid paper was produced by the drivers of the said vehicles about the possession and transportation of the stone metals. In the meantime, the Range Officer of Sonua Range with other forest officials arrived at the siding and arrested the drivers and seized their vehicles. The learned Counsel for the petitioner submitted that the occurrence as alleged took place on 18.2.2001 but the prosecution report was forwarded to the Court concerned after three years and cognizance of the offence was taken beyond the period of limitation in contravention of the provisions of Section 468 of the Code of Criminal Procedure. The petitioner is not named in the prosecution report. He was neither present at the place of occurrence nor he had any knowledge, about the institution of the case or any prosecution report. Admittedly, he was the registered owner of the Truck No. B.R. S 2521, which was a commercial vehicle used to ply on the road under the control of agent, transporter and its driver. At the relevant time of alleged occurrence, the Truck No. BRS 2521 was plying with valid papers and required documents under the control of its agents.
(3.) LEARNED Counsel further submitted that a confiscation proceeding vide Confiscation Case No. 1/2001 was initiated in the year 2001 itself with respect to the seizure of the truck of the petitioner including two other vehicles. The final order was passed in the said proceeding on 26.6.2001 by the Court of Authorized Officer, Kolhan Forest Division, Chaibasa with observation: On the basis of above mentioned facts and circumstances, the involvement of seized trucks bearing registration No. BRV 9596 and BRS 2521 and the dumper bearing registration No. BR -18 -A -7271 in carrying out any forest -offence is not proved and hence the confiscation proceeding initiated against both these trucks and the dumper along with the stone -metals loaded on them (only on the trucks) is hereby dropped and they are ordered to be released. Let the copy of this order be procured by all concerned.;