IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2556 of 2024 With I.A. No.13022 of 2024 ----- Sanjay Kumar Singh, S/o Late Awadh Bihari Singh, resident of Main Road, Jarangdih, P.S. BGokaro Thermal, District Bokaro (Jharkhand). .......... Petitioner. -Versus- 1. The State of Jharkhand through Principal Secretary, Department of Home, Project Bhawan, Dhurwa, Ranchi. 2. Secretary, Department of Forest, Environment & Climage Change, Government of Jharkhand, Van Bhawan, Doranda, Ranchi. 3. Divisional Forest Officer, Chatra South Division, Van Bhawan, Chatra. 4. Attach Officer, Chatra South Forest Division, Van Bhawan, Chatra. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Mitul Kumar, Advocate For the State : Mr. Saket Khanna, A.C. to AAG-V ----- Order No.05 Date: 21.01.2025 1. The present writ petition has been filed for issuance of direction upon respondent nos.3 & 4 to release the petitioner’s truck bearing registration No.JH-02T-7305, which was seized by the Forest Guard of Chatra Forest Range on 5th October, 2022 from a petrol pump loaded with coal. 2. Heard learned counsel for the parties and perused the materials available on record. 3. It appears that in the light of the order dated 29th September, 2023 passed by the Sessions Judge, Chatra in Cr. Revision No.59 of 2023, the petitioner’s truck bearing registration No.JH-02T-7305, Engine No.B591803111H63176323 & Chassis No. MAT466385B3H24687 was released vide subsequent order dated 6th October, 2023 passed by the Chief Judicial Magistrate, Chatra in Complaint Case No.1037 of 2022. However, after passing of the said order, the Authorized Officer-cum-Divisional Forest Officer, Chatra South Forest Division, Chatra- respondentno.3 passed the order dated 10th October, 2023 in Confiscation Case no.17 of 2022, confiscating the said vehicle along with 24.830 MT of unprocessed coal. 4. Learned counsel for the petitioner submits that the order dated 10th October, 2023 has been passed by the respondent no.3 with mala fide intention in order to harass the petitioner and to somehow prevent the said vehicle from being released in view of the order dated 6th October, 2023 passed by the Chief Judicial Magistrate, Chatra. 5. This Court does not find any substance in the said argument. Admittedly, the confiscation proceeding in question was instituted in the year 2022 itself and, therefore, passing of the order dated 10th October, 2023 by the respondent no.3 i.e. after four days of the release order passed by the Chief Judicial Magistrate, Chatra cannot be said to be suffering from any mala fide or biasness against the petitioner. 6. It is trite law that a criminal proceeding vis-à-vis a proceeding under Forest Law for confiscation of a vehicle and material loaded on the same are parallel proceedings. Hence, only on the ground that the order dated 10th October, 2023 was passed by the respondent no.3 after four days of the release order -2- W.P.(C) No.2556 of 2024 passed by the Chief Judicial Magistrate, Chatra, the same cannot be said to be bad in law. Hence, this Court does not see any reason to entertain the present writ petition and the same is, accordingly, dismissed. 7. The petitioner is, however, at liberty to take recourse of preferring statutory appeal against the order dated 10th October, 2023 passed by the respondent no.3 in Confiscation Case no.17 of 2022. 8. I.A. No.13022 of 2024 is also dismissed accordingly. (Rajesh Shankar, J.) Sanjay/ -3- W.P.(C) No.2556 of 2024