IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18523 of 2008 Bachchu Singh, Son of Late Ram Badan Singh, resident of village-Kewalu, P.S.-Muffassil (Hazaribagh), District-Hazaribagh. -Petitioner. VERSUS 1. The State of Bihar. 2. The Secretary, Department of Forest, Government of Bihar, Patna. 3. The District Magistrate, Gaya, District-Gaya. 4. The Authorised Officer-cum-Divisional Forest Officer (D.F.O.), Gaya Forest Division, Gaya. -Respondents. ----------- 02 09.11.2009 An interlocutory application has been filed for release of Tractor and Trailor by the owner thereof, which had been seized on 03.12.2006. The Tractor has been ordered to be confiscated by order dated 04.04.2007 by the Divisional Forest Officer, Forest Division Gaya in Confiscation Case No.28 of 2006. A perusal of that would show that the Tractor with Trailor was intercepted with certain logs. It was seized in respect of logs concerned. Original Transit Permit for transporting the log was found to be issued by the Mukhiya. The Forest Authorities have given a finding that the permit was wrongly issued. The petitioner on the other hand submits that he is the owner of the Tractor-cum-Trailor and his driver was agreed to transport the same to show the permit. The permit has been found to be invalid. For any reason, the petitioner cannot be suffered by on any count. Notwithstanding, the aforesaid Tractor and Trailor has also been confiscated, petitioner has preferred a statutory appeal before the Collector, Gaya being Forest Appeal No.48 of 2007, which for one reason or the other is being adjourned from 2007. - 2 - The result is, the petitioner’s Tractor-cum-Trailor is lying seized. It is submitted that it is a commercial commodity and would be ruined beyond redemption, if not released. Considering all the aforesaid facts, I direct that on furnishing a bond of Rs. 1 lac to the satisfaction of Collector, Gaya, who would then order immediate release of the Tractor-cum-Trailor to the petitioner on proper identification. The bond would be subject to the appeal and the petitioner would be abide by the orders that would be passed in appeal. With the aforesaid observations and direction, not only the interlocutory application but the writ petition also stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)