IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12025 of 2011 Satendra Pratap Singh Versus The State Of Bihar ----------- 2/ 08-09-2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioner claiming himself to be owner of tractor bearing registration no. MP-17D-3381 along with trailer having no registration number which was seized by the Forest Officials on 23.01.2011 while was carrying forest product, filed instant petition under Section 482 of the Cr.P.C. having his prayer refused by the learned lower court (CJM) for the release of the same on the ground that confiscation proceeding has already been initiated with respect to the tractor and trailer in accordance with Section 52 of the Indian Forest Act (Bihar Amendment). Learned counsel for the petitioner relying upon two decisions reported in 2001(1) PLJR 804 as well as 2002(1) PLJR 615 submitted that as the Forest Officials having sat over the confiscation proceeding since long therefore, the Forest Officials be directed to expedite the matter giving liberty to raise his defence more particularly having no knowledge with regard to alleged transportation followed 2 with seizure. The learned APP opposed and submitted that as per 52(C) of the Act, initiation of confiscation proceeding ousts jurisdiction of other courts. Then submitted that instant petition has been filed against an order of CJM and not in pursuance of any of the provisions of the Indian Forest Act. Both two provisions require different consideration and approach. I do feel that so far petitioner’s prayer is concerned that finds barricaded in light of Section 52 (C) of the Act. However, as per submission of the learned counsel for the petitioner, the Forest Officials will take care of early disposal of confiscation proceeding more particularly within three months after receipt of this order. With the above observations, the matter is disposed of at the stage of admission itself. perwez (Aditya Kumar Trivedi,J.) 3