IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2657 of 2004 Lal Babu Singh, son of Late Sheoji Singh, resident of village Jalalpur, P.S. Daraunda, District- Siwan ……… Petitioner Versus 1.The State Of Bihar 2.The Secretary, Department of Environment and Forest, Govt. of Bihar, Patna 3.The Conservator of Forests, Muzaffarpur Circle, Muzaffarpur 4.The Divisional Forest Officer, Forest Division, Saran, Chapra 5.The Forest Range Officer, Hajipur, Vaishali ………… Respondents. ----------- For the Petitioner : Mr.Ram Kishore Singh,Adv. For the State : Mr.Pramod Kumar, A.C. to S.C.1 ----------- 2. 21/07/2010 From Annexure-5 it appears that a truck loaded with logs of wood and some foodgrains was apprehended at Patna-Hajipur Road near Mahatma Gandhi Bridge. On demand, a certified issued by Mukhiya was produced to show that the logs of wood loaded on the truck were of the petitioner and he was taking the same for his personal use for the construction of his house. Since Mukhiya was not authorized to issue certificate for inter-District transfer, the same was seized, proceeding started which was compounded and orders were passed vide Memo No.3326 dated 12.12.2003 imposing fine of Rs.30,000/- upon petitioner. Learned counsel for the petitioner has drawn the attention of this Court to the - 2 - provisions of Rule 8 of the Rules to show that the maximum punishment provided under the Rules for any offence committed under the Act is two years of imprisonment or a fine of Rs.5,000/- or both. Thus, at best, the authorities could impose fine of Rs.5,000/- only and not beyond. Imposition of fine of Rs.30,000/- was beyond jurisdiction. Although counter affidavit has been filed in the case but learned counsel for the respondents does not dispute this legal position. In the circumstances, this writ application is allowed. Respondents are directed to refund Rs.25,000/- to the petitioner with interest at bank rate which shall be calculated from the date of deposit of the amount by the petitioner till its refund. Refund must be made to the petitioner within three months from the date of receipt/ production of a copy of this order. Pradeep/ ( J. N. Singh, J.)