IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6142 of 2005 1. M/S Ansari Saw Mill through its Proprietor Maheshwar Sah, son of Shri Mahanth Sah At&PO Sursand, P.S. Sursand, District Sitamarhi, Bihar 2. Uttam Kumar Chhapollia, son of Sri Om Prakash Chhapollia, resident of Pathak Sadan, Station Road, Sitamarhi, P.S. Sitamarhi, District Sitamarhi, Bihar, owner of truck bearing Registration no. HR-38J/9285. 3. Ramesh Kumar Jalan, son of Sri Radhey Shyam Jalan, resident of 216, Sector 16A, District Faridabad, Haryana, owner of Truck bearing Registration no. HR-38K/0981. … Petitioners Versus 1. The State Of Bihar, through the Chief Secretary, Government of Bihar 2. The Commissioner cum Secretary, Environment and Forest Department, Government of Bihar, Patna 3. The Principal Chief Conservator of Forest, Bihar 4. The Divisional Forest Officer, Tirhut Forest Division, Muzaffarpur, Bihar 5. Ranger Sitamarhi, District Sitamarhi Tirhut Forest Division, Muzaffarpur 6. Ranger Runnisaidpur, District Sitamarhi Tirhut Forest Division, Muzaffarpur 7. Ranger Muzaffarpur Extension (Western) Tirhut Forest Division, Muzaffarpur 8. Forester, Motipur, Muzaffapur Tirhut Forest Division, Muzaffarpur 9. Forest Guard, Muzaffarpur Western, Tirhut Forest Division, Muzaffarpur … Respondents. ------ For the Petitioners : Mrs. Pronoti Singh and Mr. Purnendu Singh, Advocates For the State : Mr. Ghurjati Prasad,G.P. 7 ---------------------------------- 06/ 25.10.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2.This writ petition has been filed by the petitioners for the following reliefs :- (i) For quashing the seizure dated 01.03.2005 by which the two trucks bearing Registration no. HR38J/9285 and HR38K/0981 belonging to the petitioner no.2 and 3 and the sawn sisam loaded on the two trucks belonging to the 2 petitioner no.1 have been seized without there being any reason to believe that a forest offence is committed illegally, arbitrarily and wholly without any authority of law while in course of inter state movement in course of trade and commerce and against the direction and order dated 18.09.2001 passed in C.W.J.C. No. 9632 of 2001 M/s Bhartiya and Sons versus The State of Bihar & Others reported in 2001(4)PLJR411 and further to quash the notice contained in letter no. 513 dated 2.4.2005 by which it has intimated that a confiscation proceeding have been initiated and also to quash the consequential confiscation proceeding initiated on the basis of the said seizure. (ii) For holding the seizure dated 01.03.2005 to be illegal and without jurisdiction as there being no reason to believe that any forest offence has been committed for alleged violation of sections 41,42 and 52 (Bihar Amendment 1990) of the Indian Forest Act, 1927. (iii) For a direction to respondent no.3 to release the Sawn sisam belonging to petitioner no.1 along with the two trucks bearing Registration no. HR38J/9285 and HR38K/0981 belonging to the petitioners no.2 and 3 forthwith. (iv) For a direction to respondent no.3 to issue Transit permit if at all required relating to the said consignment of Sawn sisam for its further movement. (v) For Prohibiting the Respondents from proceeding further in view of the order dated 18.09.2001 passed in C.W.J.C. No. 9632 of 2001 M/s Bhartiya and Sons versus the State of Bihar & Others reported in 2001(4) PLJR 411 and also there being no order against petitioners no.2 and 3 in C.W.J.C. No. 14985 of 2004 and 15845 of 2004 filed by the petitioners no.2 and 3 respectively till date. 3. This matter was placed before a Bench of this Court on 3 18.05.2005 and after hearing learned counsel for the petitioners and learned counsel for the State, an interim order was passed directing release of the trucks bearing Registration no. HR38J/9285 and HR38K/0981 as well as the articles seized by the respondents vide seizure list dated 01.03.2005 on furnishing Bank guarantee by the petitioners equal to valuation of the articles made by the Agricultural Produce Market Samiti as annexed with the writ petition. The petitioners were also directed to furnish sufficient security to the satisfaction of the authorities concerned with regard to the seized trucks as well as the security offered by the petitioners for the articles which have been seized with the trucks, whereafter they should be released in favour of the petitioners. 4. In the aforesaid facts and circumstances and also in view of the decision of a Bench of this Court in case of M/s Bhartiya and Sons versus the State of Bihar & Ors., reported in 2001(4) PLJR 411, subsequently followed in case of Rajesh Kumar Agrawal and another vrs. The State of Bihar & Ors., reported in 2006(1) PLJR 132 and in case of Dinesh Kumar Gupta & Ors. versus The State of Bihar & Ors., reported in 2006(3) PLJR 541, the impugned order of seizure along with its list dated 01.03.2005 is hereby quashed and respondent-authorities are directed to release the Bank guarantee submitted by the petitioners. 5. This writ petition is, accordingly, disposed of. MPS/ ( S. N. Hussain, J.)