IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.596 of 2010 NARESH YADAV Versus STATE OF BIHAR & ORS ----------- For the Petitioner : M/s Mrigank Mauli, Vinay Mistry, Kundan Mishra For the State : Mr. G.P.12 4 27.8.2010 Heard counsel for the petitioner and the State. The petitioner prays for release of Tata Pickup Van bearing registration no.BR-2H-5684 along with 60 Sq.ft. Salai and other soft wood which were seized in violation of sections 41 and 42 of the Indian Forest (Bihar Amendment) Act, 1927 (in short ‘the Act’). Learned counsel for the petitioner submits that section 41 of the Act relates to power to make rules to regulate transit of forest product. Section 42 relates to penalty for breach of rules made under section 41 of the Act. He submits that it would appear from the seizure list that the wood in question is a secondary product and as such would not come under the definition of Forest Produce as defined under the Forest Act. Learned State counsel submits that the petitioner was carrying vehicle without any transit paper. Having regard to the facts and circumstances of the case and in view of the fact that violation of sections 41 and 42 of the Act has been alleged, this court observes that if the petitioner files an application before the Divisional Forest officer, Gaya Forest Division, Gaya for release of vehicle in question, he would release the Tata Pickup Van bearing 2 KHAN registration no.BR-2H-5684 in favour of the petitioner which was seized in connection with Forest Case No.15/10 after being satisfied about the ownership of the vehicle, on furnishing adequate security, as per the value of the Van calculated after allowing depreciation, 10% of which in form of cash security to his satisfaction. It is made clear that the release of the vehicle in question will be subject to the result of the confiscation as and/or the criminal proceedings. It is expected that the Divisional Forest Officer, Gaya would dispose of the confiscation proceeding within four months from today. With the aforesaid observations and directions, this writ application stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)