Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.514 of 2011 ====================================================== 1. Diljan S/O Late Baber Ali R/O Ward No.4, Bhabhua, P.S. Bhabhua, Distt. Kaimur .... .... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Environment and Forest Department , Govermnent of Bihar, Patna 2. The Principal Chief Conservator of Forest, Environment and Forest Department, Government of Bihar, Patna 3. The District Magistrate, Kaimur 4. The Divisional Forest Officer, Kaimur Forest Division, Bhabhua 5. The Superintendent of Police, Kaimur at Bhabhua 6. The Officer-in-Charge, Police Station - Mohania, Distt. Kaimur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Respondent/s : Mr. Bikash Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH C.A.V.ORDER 7 19-10-2012 The petitioner has invoked the writ jurisdiction of this Court with following prayers:- (i)For issuance of a writ in the nature of certiorari for quashing the order no.131 issued by memo no.1689 dated 22.9.2008, passed by the Authorised Officer-cum-Divisional Forest Officer, Kaimur Forest Division, Babhua as contained in annexure-5 to the writ petition by which the truck bearing registration no.UP-65H 3738 and the Kendu leaves loaded on the said truck have been confiscated under the provisions of section 52 of the Indian Forest Act, 1927. Patna High Court CR. WJC No.514 of 2011 (7) dt.19-10-2012 2 (ii)For issuance of a writ in the nature of certiorari for quashing the order dated 24.6.2009 passed in Confiscation Appeal Case No.1 of 2009-2010 by Collector-cum-District Magistrate, Kaimur as contained in annexure-6 to the writ petition by which the appeal filed by the petitioner against the order dated 22.9.2008 passed by the Authorised Officer-cum-Divisional Forest Officer, Kaimur Forest Division, Bhabua has been dismissed. (iii)For issuance of a writ in the nature of mandamus directing the respondents to release the truck bearing registration no.UP-65H 3738 of the petitioner in movable condition. (iv)To direct the respondents to compensate the petitioner adequately for the arbitrary action of unauthorized detention of the aforesaid truck which put the petitioner in loss. Learned counsel for the petitioner submits that on 18.9.2007 at about 3 a.m. while the petitioner was carrying Kendu leaves on his truck bearing registration no.UP-65H 3738, it was intercepted by a team headed by the Assistant Sub Inspector of Police at Chandni Chowk, Bhabua Station Road, Mohania falling under Mohania Police Station. An F.I.R. was instituted against the petitioner and others for the offence under [STATUTE] and 33 of the Indian Forest Act, 1927 (in short “the Forest Act, 1927”). Patna High Court CR. WJC No.514 of 2011 (7) dt.19-10-2012 3 It is contended that the truck and the Kendu leaves loaded on it were seized by the police and a seizure list was handed over to the petitioner in that regard. The police, on conclusion of investigation, submitted charge-sheet in the case on 16.11.2007. A separate proceeding was initiated for confiscation of the truck and the Kendu leaves in the court of the Authorised Officer-cum-Divisional Forest Officer, Kaimur Forest Division, Bhabua. The Authorised Officer, by his order dated 22.9.2008, confiscated the truck and the Kendu leaves loaded therein under section 52 of the Forest Act, 1927. Being dissatisfied with the order dated 22.9.2008 of the Authorised Officer, the petitioner preferred an appeal in the court of the Collector-cum-District Magistrate, Kaimur which was registered as Confiscation Appeal Case No.1 of 2009-2010. The appellate authority also dismissed the appeal by his order dated 24.6.2009 and upheld the order of the Authorised Officer-cum-Divisional Forest Officer, Kaimur Forest Division, Bhabua. Learned counsel appearing on behalf of the petitioner submits that the State Legislature in order to make the provision of control of trade of Kendu leaves grown in the State of Bihar has enacted the Bihar Kendu Leaves (Control of Trade) Act, 1973 (in Patna High Court CR. WJC No.514 of 2011 (7) dt.19-10-2012 4 short “the Kendu Leaves Act”). According to him section 21 of the Kendu Leaves Act specifically provides that nothing contained in the Forest Act, 1927 shall apply to Kendu leaves. He submits that the general provisions prescribed under the Forest Act, 1927 for regulating the collection and transaction of the forest produce will not apply to the Kendu leaves. In this regard learned counsel relies upon a decision of this court rendered in case of Smt. Chandrawati Devi V. State of Bihar and others since reported in 1992(1) PLJR 247 in which dealing with the similar circumstance a division Bench of this court held that transportation of Kendu leaves is covered by a separate enactment, namely, The Kendu Leaves Act and, as such, violation in respect of transportation of Kendu leaves has to be looked within the special enactment and not under the Forest Act, 1927 and, as such, an offence in respect of Kendu leaves cannot be termed as forest offence under the Forest Act, 1927 and when there is no provision of confiscation of vehicle under the Kendu Leaves Act then the provisions of the Forest Act, 1927 are not applicable. Learned counsel submits that in view of section 21 of the Kendu Leaves Act and the division Bench Judgment of this court rendered in Smt. Chandrawati Devi (supra), the orders of the Authorised Officer and the Appellate Authority are fit to be Patna High Court CR. WJC No.514 of 2011 (7) dt.19-10-2012 5 quashed. Learned counsel for the petitioner submits that Kendu leaves being not the product of forest alone and can be grown by the individuals in their raiyati land also and when a special enactment has been made to control the trade of Kend

Applicable IPC Section: 414

Statute Text:
Section 414 of the Indian Penal Code. Assisting in concealment or disposal of stolen property, knowing it to be stolen. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.