*N TNE N1<?N CpyRT OF CMMATTISftARH AT R1I A<;PUR wmjpFrninM MH i9^s~ /9nnA/ Vuiori Kiimar Pjiuuaf S/o Late Tejram Pawar, Aged about 44 years, Residentof, NewAdarsh Nagar, Dur9,Dist: Durg-(C.G.) PETITIONER Versus 1. StateofChhattisgrh ' Through the Secretary Department of Forest D.K.S. Bhawan, Raipur-(C.G.) 2. The Collector, Kfinkw ^i^ ••••^inl.\"^'' .^^\"" A»-' ,0 ^ The Divisional Forest Officer, East Bhanupratapur Forest, District North Bastar, Kanker(C.G.) The Oeputy Ranger Shanupratapur at - iffinkfwr RFSPONnpNTS - ^^N^^AHY -- ^ |D^S ,CG.\ )sf '::.N.>.C.fc.06.17 / ', Pi. 22.5.03 ,-'^ :'^—--:^}^ PETJTinN IJNDFR ARTIR) F 2&fi »227 OF THF RONSTITUTION OF iNniA <^-J ^I^TIRHIARS DF THF PFTJT10NFR /^^ _^-——"-~"~"~"."' "" ^-^Ll^==^ . .;$ 7^^AS Per cause titfe.-., ^" /' <y < ^^J y :t"i0' ^. ^^3 '^ PARTICUI AJRS OP TNF RFSPONnFNTS As per cause titte. -^ XI-HC-22 '3^'-<<l<l|i't<l,38inl'y'its, faflwy an^T •q?^ ^ .^it\o^vS~[o^ WqptTgrqig) M 200 fa'b<!5T' ai^r^i h-i\ch sn^r stfflfso ^fia <M'irf<n4i"T T?TR^ff ^ fe<<1 <f^^.i< ^ SlPOT 3H^[ <:. 30.07.2004 td In view of the order pass^t in /W.P. No. 1944/2Q04 tl^is petitionstands disposed of. Sd/- LC.Bhadoo ~ Judge [^gtf^ XI-HC-22 3TT^?T^T K-ti'* sn^i y^lwf^l 'in •S^ "affqicPI, tS'fl-M'ie, r°«v<l'My _.^..P.LCl.^.l^ w»i?fra>ii<*i 200 |c('b<y sn^i •?RnwHf%? 30.07.2004 Shri R.S. Jaiswal, coi^nsel for the petitioners. Shri Snraesh Bajaj, IpepuU' Govem.ment Advocate for the State/ respondents. S.D.0. (Forest) is pres This order shaU also ;nt in Coiu't. (ivern fhe disposal ofWrit Petition Nos. 1945/2004, 1946/2044, 1947/2004, 2104/2004 & 2105/2004,as the question siinUar. The petiuoners have Article 226/227 of the Con; bv the order-dated 21.05.2 Suprudnama. I have heard fhe leam' +i^li-i<Ti-i 'cn'cRfl'? fezt <r«i«i< i; aipgqsrCT tnvolved in these petitions is .also preferred these peutions under ititution of India being aggrieved 004 (Annexure P-11) passed by respondent No-3-Div'isiona} Forest Officer rejectuig t.he applications of the petitio^iers for release of vehicles on ;d counsel for fhe parties. Leamed coi.insel for t(ie petitioners submitted that on 22.04.2004 the petitioners' CG-07-ZC-2056, CG-11-ZB raineral extracted from thel Lunia granted by the Stat^ Itrucks bearing registration Nos. -0141, CG07-C-2070, CG07-C- 2069, CG07-ZC-2050 & Cp07-ZC-4335 carrying u-on ore valid ruirung lease of one Anil Govemment in the vear 2002, were seized aiegally by res^ondent Nos. 2 & 3on a false ground of iBegal mintng. IHe further submitted that the .BS| XI-HC-22 y\ ^°? -^WM^, '9-^wis, hv^wy. STT^T^T fc-li'* 3115^1 ^>^fi<* ^ife^ 3TT^?T 'Vf^K 1WM 91W<*1 -H^ 200 fci-b^a' sn^i ^{giwHfta -^ trucks in question were sei^ forest area, but the petition^rs have ah-eady paid tbe road tax for the said route. On the other handl Advocate argued that tlie questlon were canymg, was froBi the valid mining lea^ petitioner in collusion vvi department and on comini them and i-oad tax paid by refunded. He further subjn by the petitioner. Thereforej '^T^^i-ift'i iTFRTf ^ fSTCt <^^i< '^'3TfS?m aflrr^i •d on the route falltng Linder the learned Deputy Govemraent iron ore, which the trucks in sxtracted from fhe forest area not e of Aiiil Lunia. As far as the payaient of road tax is co^icemed, same was paid by the |h sorae officials of tiie foresT to know that some officials of the department had received tt^e road tax in collusion wifh the petitioner, departmental acjtion has been initiated against the petitioner was ordered to be tted that the route on which the trucks in question were sefzed is not a notified route and particularly for trucks in qu^stion no road tax have been paid he subiaitted fhat siace offence pertains to forest produce afad as per the Hon'ble Apex Court a strict view must be taJt siibruitted fhat confiscationl anofher tlu-ee months tiine In fhe order passed ;en in fhis regard. He further proceeding is ui progress and ui ^hat wUI be completed. I have perused the iai^ugned order dated 21.05.2004. Fy the Divisional Forest OGicer (Annexure P-11) it has b^en raentioned that a-s per the XI-HC-22 -s^s -^ww^, ^atwre, fadi<fy sn^i^T fa-li* an^I aTEIWW5?l 3^^ 1WK *<1*1CTIW<1<*1 •M 200 fq^a' an^c^aiwwra u provisions 01 the Indian ^ issued by the Govemment, piere is no provision for releasing the vehicle and propert}' c^n Supurdginama, therefore, the application Sled by the peti1 Section 53 of the AcD "anv forest ofilcer of a rarrg who. or whose subordma.1 vehicle or cattle iinder Sec' the execution bv the owner of the property so released account of which the seizur •^F'ferPT'WRTf 4 fgT3t "rfsn^R ^T 3TfTW3?T^I 'orest Act, 1927 and guidelines ioner is dismissed. which deals with the release of property seized under Secl^on 52 of the Act envisages that {. not inferior to that of a Ranser s^ )e, has sei-z^d anv tools. boats. }ion 52, may release tlie sairie on jthereof a bond for the producuoii if and when so requu^d, before the Magistrate having jur^sdiction to try fhe oSence on has been made". Learned counsel for [the petitioners submits that in pla.ee of the word 'carts' th^ by the Act No.9 of65, there) fhe face of it appears to be il|legal and fhe petitioner is entirled for release of fhe velucles oit the conditions mentioned in the above clause. As lean-ied Deputy Gov^ the confiscation proceedin^ tune, therefore for such a| word 'vehicle' faas been inserted bre, the order of forest officer on :minent Advocate submitted tha^ is likely to take three mosftiy long period if fhe vehicles in question are allowed to rei^iain in open area, it will cause damages to the veliicles and it may become juiik. to such a XI-HC-22 •ysf-^Wvm, -S^Kf^S, hwvy. Sf^ •CRW tflXCTI ShMI* •M 200 [c('h<a an^i^iT l<-li.<*> 311^1 s^^ll^ W^l an^r'S'HTW ^rf^l •^. situation, I ara of fhe opinio4 release the vehicles in for each vehicle on foUowtngl • The petitioner the tune of Rs.2 Officer, East Bastar, Kanker from todav. • The petitioner wU.} (<F ^ that it will be just and proper to on furnishing Supi'udnama Itemis and conditions:- furnish a bank guararitee to |Lac before the Divisional Forest Forest, District North ;.G) wifhui a period of hvo week.s que^tion sl-lall Bha(luPratapiir vehicles to the tH Hoshan the pendency of The petitioner question before and when require|d ^T^i<yi'^ Hi'^^'^fec^t <rIi+^R '^arfigqsn^i not transfer or alienate the said (ird partv' in any manner d-s.iring confiscation proceedmgs. ^viU produce the vehicles in ithe Divisional Forest Oflicer as tbe With fhe aforesaid o^servation and directions, the petition stands disposed of. Certified copy as per Ri^es. Sd/- LC.Bhadoo Judge