IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8536 of 2002 SHANKER TRADERS THROUGH ITS PROPRIETOR SHANKAR PRASAD GUPTA, JAYNAGAR, MADHUBANI. Versus 1. THE STATE OF BIHAR 2. COMMISSIONER/SECY, DEPARTMENT OF FOREST AND ENVIRONMENT, GOVT. OF BIHAR 3. THE CHIEF CONSERVATOR OF FOREST, BIHAR 4. THE DIVISION FOREST OFFICER, FOREST EXT DARBHANGA, PATNA 5. THE INSPECTOR, LAND CUSTOMS STATION, JAINAGAR, JAINAGAR 6. THE UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF CUSTOMS, GOVERNMENT OF INDIA. ----------- 3 18.12.2009. No one appears for the petitioner. Counsel for respondents is present. This writ petition is filed for issuance of writ of certiriorari for quashing confiscation case No. C of 1991, pending before the Divisional Forest Officer, Mithila Extension Forest Division, Darbhanga and further for directing authorities to release the amount of Rs. 9 lakhs deposited in the treasury at Darbhanga after sale of seized timber wood along with compensation and statutory interest thereon. It is averred in the writ petition that petitioner’s firm is a registered firm by the department of Commercial Taxes, Madhbani having its registration No. MB 542(R). Similarly as per Central Sales Tax (Regulation and Turnover) Rule, 1957 a certificate of registration was issued to the firm of the petitioner for dealing with the Khair woods vide its registration No. MB 359C. It is further stated that the regulations framed by the State Government under the Forest Act is only applicable for the forest produces grown and found in any of the units within the State Government. Earlier there - 2 - was a restriction in the movement of woods from Nepal to India but now the Government of India, Ministry of Finance, Department of Revenue, vide its notification No. 200/90/custom dated 19.6.1990, exempted the khair woods and some other commodities from the custom duty for being imported to India from Nepal. Furthermore, Government of India, Ministry of Commerce Import Trade Control also published a notice No. 62- II C(PN) 90-93 dated 11th September, 1990, further notified that apart from the raw materials, timber and forest produce (Primary products) were also exempted and they were allowed to move freely without any quantitative or import trade control restriction from Nepal to India. The State counsel submits that final order in Confiscation case no. C-1/91 has already been passed and against the statutory appeal, remission has been provided. The writ petition is disposed of with liberty to the petitioner to take resort to the other alternative remedy available under the law. Shashi. (Samarendra Pratap Singh,J.)