S.K. Chattopadhyaya, J.
1. In this writ application the question which falls for consideration is as to whether the Divisional Forest Officer (shortly 'the D.F.O.') has power to release vehicle seized for an offence committed under the provisions of Indian Forest Act, 1927 (hereinafter referred to as the 'Central Act') during pendency of the confiscation proceeding before him.
2. The matter has been heard at length at the admission stage and with the consent of the parties, the same is being disposed of at the admission stage itself. Mr. Sinha has confined his argument only with regard to release of vehicle.
3. In order to appreciate the point raised, some facts which are relevant for deciding the question, are stated in brief: On 29.1.1995 the Range Officer of Ramgarh seized a truck bearing registration No. BPM 2748 on the allegation, inter alia, that different types of woods including Sal were being loaded on the said truck after cutting them into pieces. On seeing the raiding party the accused persons fled away but the driver was arrested and the truck was seized along with the woods. It is alleged that the aforesaid forest was a declared reserved, forest and, as such, the accused persons are guilty of contravention of Sections 33, 41 and 42 of the Central Act. Confiscation case No. 74/95 has been initiated which is pending before the D.F.O., West Forest Division, Hazaribagh, respondent No. 2.
4. The petitioner who is said to be the registered owner of the truck, has moved this Court in the present writ application with a prayer for quashing the seizure dated 29.1.1995 and in the alternative, for a direction releasing the said truck in favour of the petitioner.
5. Mr. Anil Kumar Sinha, learned Counsel appearing on behalf of the petitioner has contended that as the confiscation case is still pending before respondent No. 2, in view of the amended provision in Bihar Act 9 of 1990 as laid down in Section 52C of the said Act (hereinafter referred to as 'the Bihar Act'), the disposal of the seized property can be ordered only after final disposal of the confiscation proceeding. Advancing argument it is contended that the D.F.O. has no power to pass interim order releasing goods as this power has been given only to the appellate authority under Sub-clause (4) of Section 52-A of the Bihar Act. In support of his contention Mr. Sinha has relied on a decision of the Apex Court in the case of Shambhu Dayal Agrawalla v. State of West Bengal and anr. reported in : [1990]2SCR987 .
6. Mr. V. Shivnath, learned G.P.I., on the other hand, has submitted that on proper construction of different provisions of the Central Act as well as the Bihar amendment thereto, it is clear that the Legislature has given ample power to the D.F.O. to pass interim order releasing the seized properties including vehicles even during pendency of the confiscation proceeding before him. Distinguishing the case of Shambudayal Agrawalla (supra) he submits that this decision will have no bearing on the facts of the present case inasmuch as the same was under the Essential Commodities Act and not under the Indian Forest Act.
7. In order to appreciate the point raised, the intention of the Legislature in enacting the Central Act has to be noticed. This Act was enacted in 1927 with a view to consolidate the law relating to forest, transit of forest produce and duty leviable on timber and other forest produce. According to Sub-section (2) of Section 1 of the Central Act, the Act extends to the whole of India except the territories which immediately before Ist of November, 1956 were comprised in Part-B States. The Central Act has been extensively amended by Bihar Act 9 of 1990. The change in the law as brought about with a view to prevent the growing menace of ruthless exploitation of Government forests by illicit felling of valuable forest produce by unscrupulous traders, particularly from the reserved forests by providing for a machinery for confiscation of illegally felled trees or forest produce by the forest authorities,
8. In order to appreciate the contention of the parties a bird's eye view of the provisions of the Central Act and the changes brought about by the Bihar Act are necessary. 'Forest Officer' as defined in Sub-section (2) of Section 2 of the Central Act, means any person whom the State Government or any officer empowered by the State Government in this behalf, may appoint to carry out all or any of the provisions of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest Officer. Similarly a 'forest offence' means an offence punishable under this Act or under any rule made thereunder. List of acts prohibited in such forest is contained in Section 26 of the Central Act and Section 29 deals with protected forest. Section 30 empowers the State Government to issue notification making reservation in regard to trees or protected forest. Section 32 of the Central Act is rule making power of the State Government and the State Government may make rules to regulate certain matters. Section 33 of the Central Act provides penal provisions for acts in contravention of the notification under Section 30 or of rules made under Section 32. The State Government has been empowered under Section 41 to make rules to regulate transit for forest produce and Section 42 empowers the State Government to prescribe penalty for contravention of the rules. Section 51 enables the State Government to make rule and prescribe penalty in regard to certain matters.
9. Chapter IX of the Central Act deals with penalties and procedures. A comparative chart of the provisions of the Central Act, as it originally stood and the provisions of the Central Act, as amended by Bihar Act 9 of 1990, is to be noted below :
Provisions of the Central Act. Provisions of the Central Act as
amended by Bihar Act 9 of 1990.
52 (1) When there is reason to believe 52 (1) When there is reason to believe
that a forest offence of any forest produce, that a forest offence has been committed
such produce together with all tools, in respect has been committed in
boats, carts or cattle used in committing respect of any forest produce, such
any such offence may be seized by any produce together with all tools, arms,
Forest Officer or Police Officer. boats, vehicles, ropes, chains or
(2) Every Officer seizing any property any other article used in committing
under this section shall place on such any such offence may be seized by
property a mark indicating that the same any Forest Officer or Police Officer.
has been so seized, and shall, as
soon as may be, make a report of such (2) Every officer seizing any property
seizure to the Magistrate having under this section shall place on such
jurisdiction to try the offence on account property a mark indicating that the same
of which the seizure has been made. has been so seized and shall as soon as
may be, either produce the property
seized before an officer not below the
rank of Divisional Forest Officer
authorised by the State Government in
this behalf by notification (hereinafter
referred to as the authorised officer)
or where it is having regard to quantity
of bulk or other genuine difficulty not
practicable to produce the property
seized before the authorised officer,
or where it is intended to launch
criminal proceedings against the
offender, immediately, make a report of
such seizure to the Magistrate having
jurisdiction to try the offence on account
of which the seizure has been made.
Proviso-Same.
(3) Subject to Sub-section (5) where
the authorised officer upon production
before him of property seized or upon
receipt of report about seizure, as the
case may be, is satisfied that a forest
offence has been committed in respect
thereof, he may by order in writing and
for reason to be recorded, confiscate
forest produce so seized together with
all tools, arms, boats, vehicles, ropes,
chains or any other article used in
committing such offence. The Magistrate
having jurisdiction to try the offence
concerned may, on the basis of the
report of the authorised confiscating
Officer, cancel the registration of a
vehicle used in committing the offence,
the licence of the vehicle-driver and
the licence of the arms. A copy of
order on confiscation shall be
forwarded without undue delay to the
Conservators of Forests of the forest
circle in which the forest produce,
as the case may be, has been seized.
(4) No order confiscating any
property shall be made under
Sub-section (3) unless the authorised
officer-
(a) sends an intimation about
initiation of proceedings for confiscation
of property to the Magistrate having
jurisdiction to try the offence on account
of which the seizure has been made;
(b) issues a notice in writing to the
person from whom the property is seized,
and to any other person who may appear
to the authorised officer to have some
interest in such property.
(c) affords an opportunity to the
person referred to in Clause (b) of
making a representation within such
reasonable time as may be specified
in the notice against the proposed
confiscation; and
(d) gives to the officer effecting
the seizure and the persons or person
to whom notice has been issued under
Clause (b), a hearing on date to be
fixed for such purposes.
(5) No order of confiscation under
Sub-section (3) of any tools, arms
boats, vehicles, ropes, chains or any
other article (other than the forest
produce seized) shall be made if any
person referred to in Clause (b) of
Sub-section (4) proves to the
satisfaction of authorised officer
that any such tools, arms, boats,
vehicles, ropes, chains or other
articles were used without his knowledge
or connivance or as the case may be,
without the knowledge or connivance
of his servant or agent and that all
reasonable and necessary precautions
had been taken against use of the
objects aforesaid for commission of
forest offence.
10. After Section 52 of the Central Act, some new sections have been inserted in the Bihar Act which are as follows :
52-A Appeal against the order of confiscation.--Any person aggrieved by an order of confiscation may, within thirty days of the order, or if the fact of such order has not been communicated to him within thirty days of date of knowledge of such order, prefer an appeal in writing, accompanied by such fee payable in such form as may be prescribed, along with the certified copy of order of confiscation to the District Magistrate (hereinafter referred to as Appellate Authority) of the District in which the forest produce has been seized.
Explanation.--(1) The time required for obtaining certified copy of order of confiscation shall be excluded while computing period of thirty days referred to in this sub-section.
(2) The Appellate Authority referred to in Section 52A, may, where no appeal has been preferred before him, 'suo motu' within thirty days of date of receipt of copy of order of confiscation by him, and shall on presentation of memorandum of appeal issue a notice for hearing of appeal or, as the case may be, of 'suo motu' action to the officer effecting seizure and to any other person (including appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by the order of confiscation, and may send for the record of the case:
Provided that no formal notice of appeal need be issued to such amongst the appellant officer effecting seizure and any other person likely to be adversely affected as aforesaid as may waive the notice or as may be informed in any other manner of date of hearing of appeal by the Appellate Authority.
(3) The Appellate Authority shall sent intimation in writing of lodging of appeal or about 'suo motu' action, to the authorised officer.
(4) The Appellate Authority may pass such order of 'interim' nature for custody, preservation or disposal (if necessary) of the subject matter of confiscation, as may appear to be just or proper in the circumstances of the case.
(5) The Appellate Authority, having regard to the nature of the case or the complexities involved, may permit parties to the appeal to be represented by their respective legal practitioners.
(6) On the date fixed for hearing of the appeal or 'suo-motu' action, or on such date to which the hearing may be adjoured the Appellate Authority shall peruse the record and hear the parties to the appeal if present in person or through any agent duty authorised in writing or through a legal practitioner and shall, thereafter, proceed to pass an order of confiscation, reversal or modification of order of confiscation:
Provided that before passing any final order the Appellate Authority may, if it is considered necessary for proper decision of appeal or for proper disposal of suo motu action make further inquiry itself or cause it to be made by the authorised officer and may also allow the parties to file affidavits for asserting or refuting any fact that may arise for consideration and may allow proof of facts by affidavits.
(7) The Appellate Authority may also pass such orders of consequential nature, as it may deem necessary.
(8) Copy of final order or an order of consequential nature shall be sent to the authorised officer for compliance or for passing any order appropriate in conformity with the order of Appellate Authority.
52-B. Petition for revision before Secretary, Forest and Environment department, Government of Bihar, against the order of the Appellate Authority: ( I) Any party to the appeal, aggrieved by final order or by order of consequential nature passed by the Appellate Authority, may within thirty days of the order sought to be impugned, submit a petition for revision to the Secretary, Forest and Environment Department, Govt. of Bihar
Explanation.--In computing the period of thirty days under this sub-section, the time requisite for obtaining certified copy of order of Appellate Authority shall be excluded.
(2) The Secretary, Forest and Environment Department, Govt. of Bihar may confirm, reverse or modify and final order of consequential nature passed by the Appellate Authority.
(3) Copies of the order passed in revision shall be sent to the Appellate Authority and to the Authorised officer for compliance or for passing such further order or for taking such further action as may be directed by such court.
(4) For entertaining hearing and deciding a revision under this section, the Secretary, Forest and Environment Department, Govt. of Bihar shall, as far may be, exercise the same powers and follow the same procedure as exercised and followed while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973 (Act No. 2 of 1974).
(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (Act 2 of 1974) the order passed under this Section shall be final and shall not be called in question before the court.
52-C. Bar of jurisdiction of courts etc.--In certain circumstances (1) On receipt of intimation under Sub-section (4) of Section 52 about initiation of proceeding for confiscation of property by the magistrate having jurisdiction to try the offence on account of which the seziure of property with his subject matter of confiscation, has been made, no court, or Tribunal (other than the authorised officer, Appellate Authority and Revision Authority referred to in Sections 52, 42A and 52-B) shall have jurisdiction to make orders with regard to possession, delivery disposal or distribution of the property in regard to which proceedings for confiscation or any other law for the lime being in force.
Explanation.--Where under any law for the time being in force, two or more courts have jurisdiction to try forest offence, then on receipt of intimation under Sub-section (1) of Section 52 by one of the courts of Magistrates having such jurisdiction shall be construed to be receipt of intimation under that provision by all the courts and the bar to exercise jurisdiction shall operate on all such courts.
(2) Nothing in Sub-section (1) shall affect the power saved under Section 61.
52-D.--Power of entry, inspection, search and seizure.--Notwithstanding anything contained in any other law for the time being in force any Forest Officer not below the rank of Range Officer of Forest or any police officer not below the rank of Sub-Inspector, may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this Act, enter upon, inspect and search any place, premises, appurtenances thereto, land, vehicles or no at and seize any illegal forest produce and all tools, arms, boats, vehicles ropes, chains or any other article used in committing such offence.
11. In view of the aforesaid amendments made in the Central Act by virtue of Bihar Act, it is often contended that as the provisions as contained in Section 53 of the Central Act have not been amended by the Bihar Act by inserting 'vehicles' which is seized under Section 52 of the Bihar Act, the D.F.O. has no power to release the same.
12. To appreciate the contention, the relevant provisions may be looked into. Section 53 of the Central Act reads as follows :
53. Power to release property seized under Section 52 : Any Forest Officer of rank not inferior to that of a Ranger who, or whose subordinate has seized any tools, boat, carts or cattle under Section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if any when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
In Section 52 of the Bihar Act any Forest Officer or police officer has been empowered to seize any forest produce together with all tools, arms, boats, vehicles, ropes, chains or any other articles used in committing any offence in respect of any forest produce. It is contended that though under Section 52 of the Bihar Act, a vehicle can be seized but the said vehicle cannot be released under Section 53 of the Central Act and, as such, the D.F.O. has no power to release the vehicle so seized during pendency of the confiscation proceeding.
13. The scheme of the Central Act as amended by the Bihar Act ensures that in generality of cases confiscation can be ordered by the authorised officer subject of course to the result of the appeal and revision. There is no dispute that under Section 52 of the Bihar Act a vehicle can also be seized if the concerned officer has reason to believe that a forest offence has been committed in respect of any forest produce. Section 52C involving bar of jurisdiction under certain circumstances has been incorporated by the Bihar Act. According to Sub-section (1) of Section 52C, on receipt of intimation by the Magistrate under Sub-section (4) of Section 52 of the Bihar Act about the initiation of proceeding of confiscation, no court or Tribunal except the authorised officer, the appellate authority and the revisional authority shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation or any other law for the time being in force, Sub-section (2) of Section 52C, however, saves the power of the empowered officers which have been given under Section 61 of the Central Act.
(Emphasis added)
In this connection provisions of Section 61 of the Central Act can be usefully noted which reads as follows:
61. Saving of power to release property seized:Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the State Government from directing at any time the immediate release of any property seized under Section 52.
14. On harmonious construction of the provisions as laid down under Section 61 of the Central Act as well as Sub-section (2) of Section 52-C of the Bihar Act, in my considered opinion even if Section 53 of the Central Act does not empower any authorised officer to release seize vehicle but under Section 61 of the Central Act, the competent officer can direct at any time the immediate release of any property seized under Section 52.
15. Similarly, the word 'disposal' as mentioned in Section 52C cannot mean final disposal of the vehicle after the confiscation proceeding is concluded. This provision gives ample power to authorised officer to make orders with regard to disposal of property in regard to which proceeding for confiscation is continuing. In the case of Bishwanath Singh and Ors. v. State of Bihar and Ors. reported in 1978 BLJ, 717 a Division Bench of this Court while considering the provisions of Sub-section (6) of Section 6A of the E.C. Act (Bihar Amendment Ordinance) has held that the expression 'disposal' in Sub-section (6) of Section 6A as amended by the aforesaid Ordinance does not mean and include final disposal by auction sale.
16. In view of the aforesaid settled principle of law, in my opinion, argument of Mr. Sinha that authorised officer has power to make order for disposal of the seized vehicle only after conclusion of the confiscation proceeding, has no force. Faced with this problem, Mr. Sinha has drawn my attention to Sub-section (4) of Section 52-A of the Bihar Act and has submitted that only the Appellate Authority has been empowered to make interim order regarding custody, preservation or disposal of the subject matter of confiscation. He contends that as this power of passing interim order has not been given to the D.F.O., it should be held that the D.F.O. has no power to pass any interim order in respect of release of the vehicle and the High Court is only competent to pass such order even during continuation of the confiscation proceeding. This argument of Mr. Sinha has filed to notice that the appellate authority has been empowered to pass interim order in respect of custody, preservation of the subject matter of confiscation only when it appears to be just and proper on the facts and circumstances of the case. Power to pass such interim order regarding disposal is subject to necessity. The point can be viewed in another angle. Section 52A of the Bihar Act provides for appeal against final order passed in a confiscation proceeding. It means that when a subject matter of the confiscation case is finally confiscated, the person aggrieved can prefer an appeal within statutory period. During pendency of such appeal he can also make a prayer for interim relief and the appellate court is empowered to pass such order, if it is in its opinion, just and proper. The words 'interim nature of custody, preservation or disposal (if necessary)' are very significant. This does not, in my view, empower the Appellate Authority to pass order for disposal of the confiscated articles, rather, it gives power to the Appellate Authority to order for interim custody etc. This power of the Appellate Authority cannot be interpreted to mean that the authorised officer is not empowered to pass suitable orders under Section 61 of the Central Act read with Sub-section (2) of Section 52C of the Bihar Act.
17. I have already discussed the relevant provisions specially the power given to the concerned officer under Section 61 of the Central Act. In such view of the matter, even if explicitly it is not stated in the Bihar Act that the DFO can pass any interim order like the Appellate Authority, in my view, the DFO. can pass necessary orders for release of the seized property including the vehicle.
18. My aforesaid view is supported by a decision of the Division Bench of Madhya Pradesh High Court in the case of Kailashchand and Anr. v. State of Madhya Pradesh and Ors. : AIR1995MP1 . It is true that in the M.P. Amendment Act, 1983, Sub-section 53 of the Central Act has been partly amended by substituting the word 'vehicle' for the word 'carts', which is not in the Bihar Act, but their lordships while dealing with the question of release, have considered the provisions as laid down in Sub-section (2) of Section 52C of the M.P. Amendment Act, which is in parti-materia of the provisions of the Bihar Act and have held that forest officer of a particular level under Section 53 of the Act has power to release property and that Forest Officer, Appellate Authority and the revisional authority also have powers to pass orders regarding temporary custody or disposal of the property.
19. Now coming to the decision of the Apex Court in the case of Shambhu Dayal Agrawalla (supra) one has to look into the provisions of the Essential Commodities Act, 1955 and the facts and circumstances of the said case. While interpreting Section 6E of the said Act, their lordships have observed that whenever any essential commodity is seized, the Collector has no power to release the commodity in favour of the owner during pendency of the confiscation proceeding under Section 6A of the said Act.
20. In order to appreciate the observation of their Lordships it has to be borne in mind that the provisions as laid down in the E.C. Act and the Central Act as well as the Bihar Act are entirely different. The intention of the Legislature in enacting the Essential Commodities Act is to provide; in the interest of general public, for the control of production, supply and distribution of, and trade and commerce in, certain commodities. Sub-section (2) of Section 6A empowers the Collector to sell any essential commodity if the same is subject to speedy and natural decay or it is otherwise expedient so to do in the public interest, at the control price, if any, fixed therefore or by public auction if any such price is fixed. It will be useful to bear in mind the observation of the Apex Court in paragraph 6 of the said decision which is as follows :
6. Section 6A empowers confiscation of the seized essential commodity, the package, covering and receptacle in which the essential commodity was found and the animal, vehicle or other conveyance in which such essential commodity was carried. The words' may order confiscation' convey that the power is discretionary and not obligatory. Sub-section (2) thereof confers a special power to deal with any essential commodity which, in the opinion of the Collector, is subject to speedy and natural decay or it is otherwise expedient in public interest to be disposed of in the manner indicated therein. Section 6A, therefore, merely confers power of confiscation and not the power to release, disposal, distribution etc. except to the limited extent permitted by Sub-section (2) thereof. Of course the second proviso to Sub-section (1) of Section 6A permits the grant of an option to pay, in lieu of confiscation of any animal, vehicle, vessel or other conveyance a fine equal to its market price at the date of seizure. Section 6E was first enacted to debar courts from making any order with regard to the possession, delivery, disposal or distribution of any essential commodity seized in pursuance of an order made under Section 3 in relation thereto. By the substituted Section 6E as it presently stands the scope of the provisions has been enlarged by extending the bar of jurisdiction of the court, tribunal or other authority to the release etc. of packages, coverings or receptacles as well as animals, vehicles, vessels or other conveyance also. It provides that whenever any essential commodity is seized under an order made in exercise of power conferred by Section 3 in relation thereto no court, tribunal or other authority shall have jurisdiction to make any order with regard to the possession, delivery, disposal, release or distribution of such essential commodity save and except the Collector pending confiscation under Section 6A or the State Government concerned under Section 6C. The question then is whether this power of release which is conferred on the Collector pending confiscation is wide enough to permit the release of the essential commodity to the owner or to the person from whom it was seized notwithstanding the pendency of prosecution for breach of an order made under Section 3 in relation thereto.
21. After the aforesaid observation their Lordships, taking into consideration the various provisions of the E.C. Act, have further observed that the obvious purpose for conferring this power on the Collector without waiting for the completion of the confiscation proceeding is to maintain smooth supply of the commodity to the consumer public, avoid artificial shortages, maintain the price tine and secure equitable distribution thereof through fair price shops. According to their Lordships if such a power was not conferred and if the seized commodity could not be dealt with till the completion of the confiscation proceedings, it would defeat the very object and purpose for which the Act was enacted. By conferment of this power a duty is cast on the Collector to see that essential commodities are not locked up in proceedings under the Act, artificial scarcity is not created to hike up prices, a close watch is kept on the supplies to the general public, when necessary in public interest the stock of seized commodity is released to combat short supply and in general to ensure the availability of essential commodities at fair prices to the general public.
22. Section 6E of the said Act puts an embargo on the jurisdiction of courts, tribunals and other authorities and the Collector has been entrusted to maintain supplies and secure equitable distribution of essential commodities. However, though vide powers have been given on the Collector but the dealers interest has also been protected by the Legislature by providing that in the event it is ultimately found that he was not guilty of contravention of any Order made under Section 3, the dealer shall be paid price realised with reasonable interest. Similarly, Section 7(1)(b) contemplates that if the prosecution ends in conviction, the property in respect of which Order was contravened, shall be forfeited to the Government.
23. Finally the Apex Court, after interpreting the word 'release' as used in Section 6E of the said Act has observed as follows :
The scheme of Sections 6A, 6B and 6C makes it clear that after the essential commodity is seized and the same is inspected by the concerned Collector, the. latter has to decide, after complying with the procedures, set out in Section 6B, whether or not to confiscate the essential commodity. Since the procedure delineated in Section 6B is time consuming, the Collector has been given special power to sell the essential commodity as stated in Section (2) of Section 6A if it is subject to speedy and natural decay or it is expedient in the public interest so to do. If the Collector decides not to confiscate the commodity and if no prosecution is launched or contemplated, the commodity has to be returned to the owner or person from whom it was seized. If in the meantime it is sold in exercise of power under Sub-section (2) of Section 6A. the price of the commodity has to be paid as provided by Sub-section (3) of Section 6A. If the Collector has ordered confiscation but the order is reversed in appeal under Section 6C and no prosecution is pending, Sub-section (2) of Section 6C enjoins that the essential commodity should be 'returned' and if that is not possible its price together with reasonable interest. It is pertinent to note that Sub-section (2) of Section 6C uses the words 'return' the essential commodity seized' and not the words 'release the essential commodity seized'. It seems to us that having regard to the scheme of the Act, the object and purpose of the Statute and the mischief it seeks to guard against the words 'release' is used in that limited sense of release for sale, etc. So that the same becomes available to the consumer public. There could be no question of releasing the commocity in the sense of returning it to the owner or person from whom it was seized even before the proceeding for confiscation stood completed and before the termination of the prosecution in the acquittal of the offender. Such a view would render Clause (b) of Section 7(1) totally nugatory. It seems to us that Section 6E is intended to serve a dual purpose, namely, (1) to prevent interference by courts, etc. and (ii) to effectuate the sale of the essential commodity under Sub-section (2) and the return of the animal, vehicle etc. under the second proviso to Sub-section (1) of Section 6-A. In that sense Section 6E is complementary in nature.
24. Thus from the aforesaid observation it is clear that their Lordships of the Supreme Court while dealing with the power of the Collector under the said Act and while considering the object of the Act and different provisions thereto, have come to the conclusion that the Collector has no power to pass an order of return during pendency of the confiscation case, The Collector, as has been held, has been given power to release the said articles only in special circumstances considering the exigency of the situation.
25. In my opinion, either in the Central Act or in the Bihar Act with which we are concerned in the present case, no such provision has been laid down that if the confiscation case or the criminal prosecution under these Acts fails and the accused is acquitted, the seized article has to be returned to the person from whose possession it was seized as contemplated under the provisions of the Essential Commodities Act. The provisions relating to release and return under the E.C. Act and that of under the Central Act as well as Bihar Act are totally different. It is well settled that for interpreting the provisions of a particular Statute, the intention of the Legislature in enacting the same has to be borne in mind. Whereas intention in enacting the E.C. Act was to make provision for the control of production, smooth supply and distribution of certain essential articles, on the other hand, the Forest Act and its allied Rules were framed in order to prevent the growing menace of ruthless exploitation of government forests by illicit feeling of valuable forest produce by unscruplous traders. Moreover, in order to maintain ecological balance which is at stake, prevention of illegal feeling of forest produce is prime consideration for enacting the Forest Laws.
26. The question convassed before the court can be viewed from another angle. I have already discussed above the intention of legislature in legislating the Essential Commodities Act vis-a-vis the Forest Laws. Secondly, no provision in the E.C. Act has been brought to my notice which is in pari materia to Section 61 of the Central Act. This section in my view, contemplates the residuary power of the officer empowered to order for immediate release of any property seized under Section 52. Moreover, this section begins with a non-obstantive clause meaning thereby that the expression prevents reliance on any other provisions of the Central Act as well as Bihar Act which are contrary to this provision.
27. Having considered the argument of the parties and considering the scope and ambit of Forest Laws, in my considered opinion, the law docs not prevent the authority before whom the confiscation proceeding is pending to pass appropriate order directing release of the vehicle seized under Section 52 of the Bihar Act. Only a note of caution that the concerned authority before passing order of release must be satisfied as to whether such vehicle and/or its owner was ever involved in these types of offences or not, and he may exercise his discretion in accordance with law by giving, or course, reasons in not releasing the same in the case of a habitual offender.
28. In the facts and circumstances, I find no merit in this application and, as such, the same is dismissed.