IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.235 of 2007 SHEODEEP CHAUBEY @ ALLAH CHAUBEY Versus STATE OF BIHAR & ANR ----------- 6 20.8.2008 In the instant writ petition the petitioner prays for release of his tractor, which was seized carrying some sesam woods in connection with Uphara P.S.Case No.2 of 2007 Aurangabad dated 7.1.2007 under sections 413, 414/34 of the Penal Code and sections 33, 41, 42, 52(1) of the Indian Forest Act, 1927. Learned counsel for the petitioner submits that no case under the aforesaid sections is made out as he was carrying sesam woods from his own raiyati land bearing plot no.40 and 50, Khata No.219 in Village Hamidnagar in the district of Aurangabad. In support of his contention, learned counsel has filed Annexure-2 which is a notice from Land Acquisition Officer in respect of acquisition of the aforesaid land in question. He further submits that he has filed a petition before the Land Acquisition Officer seeking permission for removing the sesam trees which was standing in the aforesaid land sought to be requisitioned. The aforesaid application dated 1.5.2006 is contained in Annexure-3. He submits that the petitioner also sought necessary transport permit for carrying the goods lying on his raiyati land which has been sought to be acquisitioned by the Land Acquisition Department as would be evident from Annexure-3. Learned counsel submits that it would appear from the F.I.R. that the petitioner is the owner of the vehicle and he has all necessary 2 KHAN documents in respect of the same. He submits that the Hon’ble Apex Court in the case of C.M.Mudallar Vs State of Gujarat, 2003(2) PCCR 36 have emphasized the expediency of releasing the vehicle during the pendency of criminal prosecution as the same are subject to decay. He submits that the Hon’ble Apex Court emphasized that such vehicle should be released expeditiously on receipt of appropriate bond and guarantee as well as security to produce the same as and when required by the court. Learned counsel submits that a confiscation proceeding is going on before the D.F.O. Aurangabd in Case No.12/2006-07. Considering the facts and circumstances of the case, this court directs the D.F.O., Aurangabd to dispose of the confiscation proceeding within a period of four weeks from the date of receipt/production of a copy of this order in light of the decision of the Hon’ble Apex Court mentioned above and also taking into consideration the submissions of the petitioner that the goods in question was being carried out from his own raiyati land. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)