Supreme Court - Daily Orders
State Of Bihar vs Dharamvir Kr.Singh @ Dharmvir Singh on 1 May, 2014
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1037 OF 2014
(Arising out of S.L.P.(Crl.) No. 8159 of 2009)
STATE OF BIHAR & ORS. ... APPELLANT(S)
VERSUS
DHARAMVIR KUMAR SINGH
@ DHARMVIR SINGH ...RESPONDENT(S)
O R D E R
In view of the order which we propose to pass in this petition, it is inexpedient to give in detail the facts of the case. Suffice it to say that by Order dated 21.02.2007, the Authorised Officer directed confiscation of truck bearing No. BR 31A-3461 G and the boulders loaded on it under Section 52 of the Indian Forest Act, 1927, as amended by the Bihar Act 9 of 1990.
It is common ground that the order passed by the Authorised Officer is appealable. The sole- respondent, who happens to be the owner of the truck, without filing any appeal preferred a writ petition and the High Court by the impugned order has directed for release of the vehicle on 2 furnishing a bank guarantee of Rs. 50,000/-. While doing so, the High Court further observed that the release of the vehicle will be subject to the result of the criminal proceedings. It is this order which has been challenged by the State of Bihar in the present special leave petition.
Leave granted.
Mr. Manish Kumar, learned counsel appearing on behalf of the appellants, submits that the remedy before the respondent was to assail the order of confiscation but the respondent without assailing the said order has filed the writ petition and the High Court has directed for release of the vehicle on furnishing bank guarantee till the disposal of the criminal proceedings. He submits that the criminal proceedings have nothing to do with the order of confiscation passed by the Authorised Officer.
Mr. Abhay Prakash Sahay, lerned counsel appearing on behalf of the respondent, submits that the respondent is willing to take recourse to the remedy of appeal but till then the order of release passed by the High Court and further 3 reiterated by this Court in its Order dated 13.05.2010 be allowed to remain operative.
Having heard learned counsel for the parties, we are of the opinion that the order passed by the High Court is illegal. However, in the face of the prayer made by the respondent, we give him liberty to file an appeal within thirty days from today. In case such an appeal is filed, the Appellate Authority shall consider the same on merit in accordance with law. Till the decision by the Appellate Authority, the vehicle which has already been released will not be seized in pursuance of the order of confiscation.
In the result, the appeal stands allowed in the aforesaid terms.
..........................J. (CHANDRAMAULI KR. PRASAD) ..........................J. (PINAKI CHANDRA GHOSE) New Delhi;
May 1, 2014
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ITEM NO.37 COURT NO.8 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl) No(s).8159/2009 (From the judgement and order dated 19/11/2008 in CRWJC No.1096/2007 of The HIGH COURT OF PATNA) STATE OF BIHAR & ORS. Petitioner(s) VERSUS DHARAMVIR KR.SINGH @ DHARMVIR SINGH Respondent(s) (With appln(s) for stay, exemption from filing c/c of the impugned order, exemption from filing O.T. and office report) (For Final Disposal) Date: 01/05/2014 This Petition was called on for hearing today. CORAM :
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD HON’BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. Manish Kumar, Adv.
Mr. Chandan Kumar, Adv.
for Mr. Gopal Singh,Adv.
For Respondent(s) Mr. Abhay Prakash Sahay, Adv.
Mr. S.K. Sinha, Adv.
Mr. Tejasvi Singh Mandal, Adv. Mr. Deepak Gupta, Adv.
Mr. Himanshu Shekhar,Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(S.K. Rakheja) (Indu Satija)
Court Master Assistant Registrar
(Signed order is placed on the file)