IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.327 of 2008 GANESH RAM DOKANIA Versus THE STATE OF BIHAR & ORS ----------- 3. 2.5.2008 Writ petitioner-appellant, aggrieved by the order dated 4.3.2008 passed by a learned Single Judge in C.W.J.C.No.15484 of 2004 dismissing the writ application, has preferred this appeal under Clause X of the Letters Patent. Short facts giving rise to the present application are that the truck belonging to the petitioner was found carrying stones in forest area and was seized. The driver of the truck did not produce any challan justifying its transportation. Confiscation proceeding was initiated and the Divisional Forest Officer i.e. the authorized Officer after giving opportunity to the petitioner passed order confiscating the truck. On an appeal by the petitioner, said order was set aside by the appellate authority. Matter was taken in revision and the revisional authority set aside the order of the appellate authority and restored the order passed by the authorized Officer. Aggrieved by the same, petitioner preferred writ application which has given rise to the impugned order. Mr.Ranjan Kumar Jha, appearing on behalf of the appellant submits that the challan although not produced at the time when the vehicle was seized, but later on it was produced before the authorized Officer and, as such, the finding that in the truck stones were kept for transportation without valid 2 challan is illegal. The authorized Officer and revisional authority and the learned Single Judge on appraisal of the evidence came to the conclusion that the challan produced by the appellant is not fit to be accepted. While coming to the aforesaid conclusion, it has been observed that challan was not produced at the time when the vehicle was seized and later on also the challan which has been produced did not bear the seal of the competent authority. In our opinion, the finding has been arrived at on appraisal of evidence which is not fit to be interfered with by this Court in the present appeal. We do not find any merit in the appeal and it is dismissed accordingly. (Chandramauli Kr.Prasad, ACJ) (Jayanandan Singh, J.) Narendra/