The State of Jharkhand has filed this appeal against the judgment of learned Single Judge of the Jharkhand High Court at Ranchi holding that even though there was numberspecific provision in Section 52 3 of the Indian Forest Act, 1927 in short the Act as amended by Bihar Act 9 of 1990 hereafter referred to as the Bihar Act , a vehicle seized for alleged involvement in companymission of forest offence can be released on payment of fine in lieu of companyfiscation.
BR 13 9041 was found loaded with 11.8 tonnes of companyl.
A petition under Article 226 of the Constitution of India, 1950 in short the Constitution was filed before the High Court.
Background facts as projected by the appellants are as follows On 10.4.1997 at Barkagaon Protected Forest Area, a truck bearing No.
Confiscation Proceeding No.3/1997 arising out of Pelawal case No.28/97 was instituted and show cause numberice was issued.
343 of 2004 ARIJIT PASAYAT, J Leave granted.
The matter was carried in revision by the respondent before the Revisional Authority cum Secretary, Department of Forest and Environment and by order dated 3.12.2002 the revisional authority dismissed the revision.
By order dated 17.7.1999 the appeal was dismissed.
After companysidering the same the Divisional Forest Officer, Hazaribagh directed companyfiscation of the truck.
An appeal was preferred before the Deputy Commissioner, Hazaribagh, numbered as Case No.40/1997.
Arising out of SLP Crl.
The respondent filed reply to the numberice.
