LI Network
Published on: October 27, 2023 at 11:53 IST
The Jharkhand High Court has dismissed a Writ Petition challenging the revocation of a sawmill owner’s license, reaffirming that the competent authority has the power to revoke a license and confiscate timber even if the licensee faces a pending criminal case for the illegal transportation of wood.
The case centered on an incident where forest guards intercepted two trucks during an inspection, discovering that the trucks carried an excess of wood logs beyond the permitted limit in their permits.
As a result, both trucks were confiscated, and criminal and confiscation proceedings were initiated. The petitioner, owner of M/s Amar Saw Mill, received a notice from authorized officers seeking an explanation for possible penalties under the Bihar Saw Mill (Regulation) Act of 1990.
Subsequently, an inspection of the petitioner’s mill was conducted in their absence, leading to the revocation of the license.
The petitioner contested the order, arguing that two separate proceedings were initiated: one involving a criminal case for penal offenses and the other for confiscation. The order for confiscation was criticized as it did not consider the ongoing criminal prosecution.
However, the respondents argued that the pending criminal case had no bearing on the confiscation proceeding, as the two proceedings have distinct grounds and lead to separate outcomes. The High Court, after considering both sides’ submissions, concluded that the order was in accordance with the statutory provisions and not marred by any error.
The court emphasized that the Bihar Saw Mills Act of 1990 grants the authority the jurisdiction to handle licenses. If a licensee is found to violate the license terms and conditions, the license can be revoked. In this case, the petitioner was involved in the illegal transportation of wood logs without proper documentation or permits. Importantly, the existence of a pending criminal case does not restrict the authority from exercising its power to confiscate wood logs and cancel the license.
The Court disposed of the petition, stating, “Therefore, this Court is of the view that the impugned orders require no interference by this Court.”
Case Title: M/s Amar Saw Mill v. The State of Jharkhand & Ors.
