IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.286 of 2009 Abhay Kumar, son of Sri Bhola Prasad, resident of village & P.O. Binda, P.S. Mohanpur, District- Gaya ……….. Petitioner Versus 1.The State Of Bihar 2.The Authorised Officer-cum-Divisional Forest Officer, Forest Division, Gaya 3.Lukky Singh, son of Sri Vijay Singh resident of village- Bankey Bazar, P.S. Bankey Bazar, District- Gaya …………. Respondents ----------- 5. 04/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner in this case has challenged the order of confiscation of his tractor and trailer confiscated in connection with an offence committed under India Forest (Bihar Amendment) Act, 1989. The order is annexed as Annexure-3. Since confiscation proceeding is complete and final orders have been passed against which petitioner has statutory remedy by way of appeal, this Court is not inclined to interfere with the matter at this stage. However, learned counsel for the petitioner submits that respondent no.3 had hired the tractor and trailer and was carrying stone chips on the same when it was seized. He has since then confessed his guilt and has paid - 2 - the amount of fine and the case against him has been dropped. Therefore, there is no justification for confiscating the tractor and trailer of petitioner by the authorities. This aspect of the matter can also be well looked into by the appellate authority. Therefore, this writ application is disposed of with liberty to petitioner to file appeal before the appellate authority against confiscation order (Annexure-3) within two weeks from today. If such an appeal is filed by petitioner, the appellate authority shall consider the same on its own merits without going into the question of limitation and shall consider the above aspect of the matter also that the main accused, who was admittedly carrying stone chips on the tractor-trailer has compounded his guilt and has paid fine and proceeding against him is dropped. The appeal should be heard and disposed of by the appellate authority preferably within a period of three months from the date of filing of the appeal. Pradeep/ (J. N. Singh, J.)