IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6477 of 2010 NAWAL KISHOR SINGH S/O LATE BALDEO SINGH R/O MOHALLA- MAHATMA GANDHI NAGAR, OPPOSITE DENTAL COLLEGE, KANKARBAGH, PATNA-20. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, JEHANABAD 3. THE AUTHORISED OFFICER-CUM-DIVISIONAL FOREST OFFICER, GAYA 4. THE FORESTER, MAKHDUMPUR FOREST AREA, UNDER GAYA FOREST DIVISION, DISTT.- JEHANABAD 5. THE OFFICER-INCHARGE OF MAKHDUMPUR POLICE STATION, MAKHDUMPUR, DISTT.- JEHANABAD ----------- 02 04.05.2010 By this writ application, the petitioner seeks release of a Tata Truck (Dumper) bearing Registration No.BR 01 GA 3091, which is loaded with ¾ ” size stone cheaps. It is alleged that on 06.12.2009, the said truck was found by forest officials collecting stone material from forest area unauthorizedly with help of labourer. They tried to intercept the Truck, but it managed to escape and ultimately on the highway it was intercepted. From the possession of the driver allegedly an old over written challan for transporting stone cheaps was found. It was, thus, alleged that petitioner had violated the provisions of the Forest Act and was liable to be prosecuted. On basis whereof, prosecution report was filed before the CJM, Jehanabad, giving rise to Forest Case No. 51 of 2009. Learned counsel for the petitioner states that the whole case is false, mala fide and concocted. He states that forest officials in order to hide their mala fide have referred to the vehicle as truck, whereas it is a Dumper, which cannot be originally loaded by manual labourers because of its sheer size. Forest officials though state that - 2 - they had seen it in forest area by loading manual labourers but did not manage to arrest anyone in this regard nor any tool or any equipment was seized. What was seized to be a Dumper, which is said to be a simple truck, which was intercepted on highway? It is then submitted that with reference to the photographs that the stone cheaps loaded are ¾ ” in size, which can be only obtained in stone crusher, which again shows the falsity of the case. Petitioner states that he was carrying stone metal for being used in construction by Saran Construction Company at Chapra and was mala fidely stopped and these allegations have been made. A confiscation proceeding has been initiated and the Dumper is lying loaded. Having considered the matter and considering that the Dumper is a commercial vehicle and no useful purpose would be served by letting it be seized, I direct the Authorized Officer-cum- D.F.O. to collect representative sample of the stone metal in presence of petitioner/petitioner’s representative and keep it in seal container, he would then release the Dumper loaded with stone metal thereon to the petitioner on proper identification, subject to security as he may determine in that regard. The release would be subject to final order which may be passed in the confiscation proceeding as pending before him and/or the final order of the criminal Court in this regard. The Dumper would be released within 15 days of filing of application in this regards along with a copy of order of this Court. The writ application is disposed of. Trivedi (Navaniti Prasad Singh, J.)