- (1.) THE prayer of the petitioner in this writ application is to quash the order dated 7.11.1998 (Annexure -5), passed by the D.F.O. -cum -Authorized Officer, by which the Truck bearing No. BES - 9545 belonging to the petitioner has been confiscated on the ground that the said Truck was engaged in committing the forest offence. Further prayer of the petitioner is to quash Annexure -6 dated 10.5.2001, passed by the Deputy Commissioner, i.e. the Appellate Authority as well as the order dated 18.8.2001, contained in Annexure -7 (wrongly mentioned as Annexure -6 in the writ petition), passed by the Secretary, Department of Forest and Environment, Government of Jharkhand, Ranch'i, i.e. the Revisional Authority, by which the appeal and revision have been dismissed.
(2.) AS it appears that the Truck in question bearing registration no. BES -9545 of which the petitioner is the registered owner, was apprehended as the same was engaged in transporting 32 pieces of Semal wooden logs from Chaibasa to Sitamarhi on the basis of a forged transit permit dated 29.4.1997 and, thereby, committing the forest offence punishable under Section 42 of the Indian Forest Act. Admittedly, the transit permit, which was produced by the driver of the said truck was issued under the signature of the Range Officer, Hatgamaria, who was not an officer authorized to issue only such transit permit. According to the petitioner, he was not aware that the Range Officer being a Government Servant was not authorized to issue transit permit and that the Range Officer was involved in issuing fake transit permits.
(3.) FURTHER case of the petitioner is that he is a minor and he was not present in the truck at the time it was apprehended and the Semal logs were seized.;