JUDGEMENT
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(1.) Aggrieved by order dated 11.03.2014 in Revision Petition No. 02 Ban Muk. (C) 06 of 2013, the present writ
petition has been filed.
(2.) Briefly stated, a First Information Report being Herhanj P.S. Case No. 01 of 2011 was registered on 13.01.2011
under Sections 379, 411 and 120B IPC and under Section 33 of
the Forest Act against the petitioner and others on the allegation
that illegal coal was being transported on the Tractor bearing
no. BR 15A3461, the owner of which is the petitioner. The
confiscation proceeding under section 52(4) of the Forest Act
was initiated in which the petitioner filed his reply denying
involvement of the Tractor in commission of a forest offence.
Vide order dated 19.01.2012 in Confiscation Case No. 02 of
2011, the Authorised OfficercumDivisional Forest Officer, Latehar confiscated the seized Tractor. The Deputy
CommissionercumDistrict Magistrate setaside order dated
19.01.2012 on the ground that there are two contradictory reports of the forest officer and there is no independent witness
to the occurrence. In Revision Petition No. 02 Ban Muk. (C) 06
of 2013, the Principal Secretary, Department of Forest and
Environment however, quashed the order passed by the appellate
authority.
(3.) Heard the learned counsel for the parties and perused the documents on record.;
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