IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.777 of 2009 Binay Kumar, son of late Ayodhya Prasad, resident of village-Hurka, P.S.-Tilauthu, District-Rohtas. -Petitioner. VERSUS 1. The State of Bihar. 2. District Magistrate, Rohtas at Sasaram. 3. Divisional Forest Officer, Rohtas at Sasaram. -Respondents. ---------- 02 09.11.2009 Petitioner’s Tractor was seized on or about 24.07.2009. It was then engaged for transporting boulders from quarry site situated at Mauza Basa, Thana-Sasaram, which belonged to one Arun Kumar, son of Ayodhaya Prasad on way at Amra. It was seized by the Forest Officials on the ground that it was carrying boulders and ballasts from forest area and a confiscation proceeding being Confiscation Case No.23 of 2009 was instituted and a prosecution report also filed. Petitioner then filed an appeal to the Criminal Court for release of the Tractor-cum-Trailor pointing out that he was carrying the boulders from mining lease site and the only way out of that area through Amra where it was seized it was a non-forest area. The Chief Judicial Magistrate, Rohtas then called for a report from the District Magistrate-cum- Collector, who is the Licensing Authority, so far as quarry permits are concerned, he reported the same. When these facts apparently came to the notice of the Forest Officials, it is now being said that in the prosecution report and other places Amra has been wrongly mentioned instead of Amri at different places in - 2 - the prosecution report and other documents, thus, changing the place of seizure totally and changing the nature of allegation altogether. Be that as it may, the Tractor and Trailor being commercial commodity they will be released to the petitioner who claims to be owner on proper identification after unloading the boulders and ballasts etc. on furnishing a bond of Rs.2 lacs to the satisfaction of the Chief Judicial Magistrate, Rohtas. This will be of course any order passed in Confiscation Case No.23 of 2009, pending for alleged violation of the terms of the Forest Act. This disposes of the writ petition itself. Trivedi/ (Navaniti Prasad Singh, J.)