IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2176 of 2010 1. RAMBABU SINGH S/O LATE BALMIKI SINGH R/O VILL.- MAHENDRAPUR, P.S.- HATHIDAH, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, FOREST & ENVIRONMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, MUNGER 4. THE DIVISIONAL FOREST OFFICER, MUNGER 5. SRI BIRENDRA KUMAR DARADH, FOREST AREA RANGE OFFICER, JAMALPUR, MUNGER 6. SRI SURENDRA PRASAD, FOREST RANGE OFFICER, DHARHARA, MUNGER 7. SRI ABDUL SATTAR, (FORESTER) S/O LATE SHEKH AMZAZ R/O MIRJAPUR BAARAD, P.O. DARIYAPUR, P.S.- MOFASSIL, DISTT.- MUNGER 8. THE ASSISTANT MINING OFFICER (DISTRICT MINING OFFICER) MUNGER ----------- 5/ 16/05/2011 Heard learned counsel for the petitioner and for the Department of Mines. The petitioner is stated to be the owner of the truck bearing Regn. No.BR-9B-2801 which was seized for alleged illegal transportation of stone chips in a forest area without proper authority/permit. The petitioner came to this Court earlier in Cr.W.J.C. No.80/07 seeking release of the truck. On 19.7.2007 this Court disposed off the writ application with directions to conclude the confiscation proceedings expeditiously within the time indicated failing which the truck would be released in his favour. The confiscation proceedings were then disposed by the authorized officer-cum-Divisional Forest Officer, Munger on 9.10.2007 upholding the confiscation of the vehicle and the stone chips. Appeal No.3/07 against the same was dismissed. Revision Case No.16/08 against the appeal has also been dismissed. 2 Learned counsel for the petitioner submitted that he was not in occupation of the truck at the time of seizure. The misfeasance, if any, was of the driver. The driver was carrying a proper challan for transportation of the stone chips under the Bihar Minor Mineral Concession Rules. It was produced, but illegal gratification was demanded and upon non-fulfilment of which the stand has been taken by the prosecution that no challan was produced. The petitioner has filed Complaint Case No.1216-C/06 before the Chief Judicial Magistrate, Munger against the authorities through his driver for having obtained his signatures forcefully. It was lastly submitted that the Department of Mines has confirmed the issuance of the challan considering all of which the court of the Chief Judicial Magistrate, Munger on 23.10.2008 in view of confirmation from the Department of Mines has granted him anticipatory bail. Learned counsel for the petitioner has relied upon 1998(1) P.L.J.R. (S.C.) 21 (Assistant Forest Conservator & Ors. Vs. Sharad Ramchandra Kale). Learned counsel for the respondents urged that at the time of seizure no valid challan was produced. That was the offence. Three consecutive courts have arrived at a finding that no challan was produced at the time of seizure and therefore the Writ Court may not 3 interfere at this stage with such consecutive finding of fact. It was submitted that challans are issued to a licensee by the Department of Mines in bulk. If the Court were to accept a subsequent production of challan contrary to the law requiring it to accompany the transportation, it may facilitate an unscrupulous person in transporting different consignments at different points of time contrary to law and then obtaining a post facto sanction with regard to a challan without the authorities being able to pen down how many times consignments had been transported under a valid challan. The petitioner in Confiscation Case No.18/06 while spelling out his case at the very initial stage did not make any statement that the challan was accompanying the consignment. He only talks of the challan having been produced subsequently. Before the Divisional Forest Officer his defence was that the challan was available, but since no one asked for its production, it was not produced. In the complaint case he took the stand that he gave photo copies of the challan to the authorities when they asked for it. It is therefore apparent that at different times he has been taking different stands with regard to the production of the challan at the time of the seizure. Even otherwise, as has been argued on behalf of the State, the challan 4 was required to be presented at the time of seizure. No consistent stand has been taken on behalf of the petitioner with regard to its production at the time of seizure. It has been contended that it was available, but not produced because no one demanded it. This is difficult to accept as the entire prosecution revolves around non-production of the challan and which was the reason for seizure leading to the confiscation proceedings. In the complaint case a different stand has been taken that photo copies of challan were produced. If the transportation was under a valid challan, it was the original which would have been in possession and not photo copies of the same. The defence that the driver had committed a misfeasance by carrying stone chips is directly in conflict with the basic challenge that the stone chips were being transported under a valid challan. If there was a valid challan, the question of driver committing a misfeasance does not arise. If the defence of the petitioner is that the driver committed a misfeasance it amounts to an admission that the stone chips were being transported without a challan. The two stands of the petitioner counters each other. In any event, no evidence has been led by him before the three authorities of the nature of the misfeasance committed 5 by the driver without his knowledge. On the contrary, in the case of Sharad Ramchandra Kale (supra) on which reliance has been placed on behalf of the petitioner to urge that if the owner of the vehicle was not aware of the purpose for which the vehicle was being used to transport forest produce in contravention of the Act he was not liable was based on evidence available on record during the course of enquiry as noticed from the penultimate line of the orders of the Supreme Court. That distinguishes the case completely. The Court finds no merit in the case. It is accordingly dismissed. KC ( Navin Sinha, J.)