- (1.) THE petitioner in this writ application, has prayed for an order for quashing the order dated 14.09.2004 passed by the Revisional Authority -cum -Secretary, Department of Forest and Environment, Government of Jharkhand, Ranchi in Revision Case No. C -11/2004, whereby the order passed in Confiscation Appeal No. 7 of 2001 in favour of the petitioner, was set aside and the original order of confiscation of the petitioners truck, was restored.
(2.) A counter -affidavit has been filed on behalf of the respondent State. Heard learned counsel for the petitioner and the learned counsel for the respondent State.
(3.) FACTS of the petitioners case in brief is that the petitioner is the owner of the truck bearing Registration No. BHU 2713. On 15.5.2001 the truck was seized within the forest area when it was found that it was carrying four pieces of Bija logs and 8 pieces of Gamhar logs and the driver of the truck could not produce any permit under the provisions of the Forest Act for transporting the timber on the vehicle. After seizure of the vehicle, a confiscation proceeding was initiated in respect of the vehicle. Defence raised by the petitioner in the confiscation proceeding was that though, he was the owner of the vehicle, but the illegal use of the vehicle by the driver was never authorized by him, nor was the transportation of the timber on the truck, made in connivance with the petitioner in any manner. It was further stated that the original driver having gone on leave, the petitioner had engaged another driver as a temporary hand for driving his truck and the driver was instructed by the petitioner only to transport bricks and deliver the same at the specified destination. After unloading the bricks, when the driver was returning with the empty truck, one raiyat of the village namely, Jeevan Bara had prevailed upon the driver to load his timber, which was felled from within his raiyati lands, and to deliver the same at the sawmill at Simdega and it was when the vehicle was in transit, that it was stopped by the forest Ranger. ;