IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.652 OF 2009 RAMBHAJAN KUSHWAHA, SON OF SITARAM KUSHWAHA, RESIDENT OF VILLAGE RUPAULIYA, P.S. GAUNAHA, DISTRICT WEST CHAMPARAN, AT PRESENT RESIDING VILLAGE JAMUNIYA, P.S. SUBHADRA, DISTRICT CHAMPARAN………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF FOREST, PATNA 2. FOREST RANGE OFFICER, THORI FOREST RANGE, WEST CHAMPARAN 3. DISTRICT FOREST OFFICER, WEST CHAMPARAN 4. THE COLLECTOR, WEST CHAMPARAN, BETTIAH………………………………..…………….RESPONDENTS ----- 3 17.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. A complaint was filed by the Forest Range Officer, Thori Forest Range, West Champaran before the Chief Judicial Magistrate, Bettiah, West Champaran on 15.12.2007 through his letter no.09 dated 15.12.2007 disclosing that wood logs had been seized on suspicion that they were forest wood and trees were illegally felled which constitutes a crime under Sections 02, 33 and 52 of the Indian Forest Act (Bihar Amendment 1989) and sections 27, 29 and 31 of the Wild Animal (Protection) Act, 1972. Learned counsel for the petitioners submits that the said complaint was seen by the Chief Judicial Magistrate on 5.4.2008 and till now no confiscation proceeding has been - 2 - initiated. He also submits that wood logs were purchased by him from one Balkishun Bahadur on payment of consideration. A number of documents have been annexed with the writ application in support of such claim. He submits that the proceeding stands still and wood logs are lying in the open sky facing vagaries of the nature. He submits that petitioner has already filed an application on 14.02.2008 before the Collector also for release of the wood logs as contained in Annexure-7 which was endorsed to the Officer Incharge, Sahodra, Bettiah for appropriate action in accordance with law but till now nothing has been done. Therefore, he prays that wood logs may be released in his favour on such terms and conditions which the court may deem fit and proper, pending final disposal of the proceeding before the court concerned. Delay in disposal of the confiscation proceeding may adversely affect the wood logs which are kept in open. It appears that till now even the confiscation proceeding has not been started. In the circumstances, this Court gives liberty to the petitioner to file an application - 3 - before the Chief Judicial Magistrate, West Champaran at Bettiah for release of the said seized wood logs within one month and on filing of the application by the petitioner, C.J.M. shall pass appropriate order for release of the wood logs in favour of the petitioner, if he is found to be owner of the same, on such terms and conditions and on furnishing such surety and bond by the petitioner as the court may fix. The order should be passed by learned Magistrate within one month from the date of filing of the application. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)