IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20424 of 2010 DINESH KUMAR YADAV . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 17/01/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the orders dated 16.3.2007, 31.5.2007 and 28.8.2010 refusing to release his truck bearing Reg. No. M.P.09-KA-7955 for alleged violation of the provisions of Sections-31,41 and 42 of the Indian Forest Act. Learned counsel for the petitioner submits that the truck was transporting 100 sq.ft. of boulder chips under valid transit licence on challan issued by the lessee under the authority of the Mines Department. All the authorities have proceeded on assumptions and presumptions with regard to the suspiciousness of the challan without any finding thereupon. Learned counsel for the State submits that the authorities have consistently doubted the genuineness of the challan. On the own showing of the respondents, the petitioner has put forward a valid defence by producing challan for transportation of the boulders. The Forest Department has suspected the actions of the Mines - 2 - Officials also and therefore it shall be a matter for consideration, discussion and a finding whether the challans were genuine or not. At this stage, a mere suspicion shall not amount to a finding so as to visit him with the rigours of withholding of the vehicle under the Forest Act under the presumption of being involved in acts violative of the Forest Act. In the nature of the allegations and the defence no useful purpose is going to be served by directing the vehicle to be kept in custody when it is liable to deterioration also, the petitioner claiming to be the lawful owner of the same, the vehicle is directed to be released subject to the petitioner furnishing adequate bond and surety to the satisfaction of the authorities for production of the same as and when it may be required in the criminal prosecution within a maximum period of 10 days from the date of receipt/production of a copy of this order. The impugned orders dated 16.3.2007, 31.5.2007 and 28.8.2010 are set aside. The application stands allowed. KC ( Navin Sinha, J.)