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The State of Bihar and anr. Vs. Kedar Sao and anr.

Court : Supreme Court of India

Subject : CriminalFood Adulteration

Acts : Indian Forest (Bihar Amendment) Act, 1990 - Sections 2(3), 2(4), 5, 6, 32, 33(1), 41, 41(1), 42, 42(1), 52, 52(3), 52(4), 52(5), 52A, 52B, 52C, 52D, 53C, 55 and 61; Bihar Forest Produce (Regulation of Trade) Act, 1984 - Sections 1(3), 1(4), 14, 15, 17, 20, 21, 28 and 32; Indian Forest Act, 1927 - Sections 29(2) and 30; Bihar Timber and other Forest Produce Regulation of Transit Rules, 1973; Bihar Kendu Leaves (Control of Trade) Act, 1973; Code of Criminal Procedure (CrPC) , 1973 - Sections 102 and 103; Prevention of Food Adulteration Act, 1954; Fruit Products Order, 1955

Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344

to the case by virtue of Section 32 of the said Act and the provisions of the Indian Forest Act, 1927 stood excluded and consequently the Authorities under the central enactment had no powers to confiscate the vehicle and … liable to confiscation and while the subsequently following provisions deal with further course of action to be followed, Section 55 enables the Court to even confiscate the forest produce as well as the vehicle etc. used in the

State (Represented by Range Forest Officer) Vs. Shri Rajesh Gaonkar

Court : Mumbai

Subject : Criminal

Acts : Forest Act, 1927 - Sections 41, 52(2), 53, 54, 55, 61-A and 69; Goa Amendment Act, 1988; Preservation of Tree Act, 1986 - Sections 66; Goa, Daman and Diu Forest Rules, 1964 - Rule 22

Reported in : 2000(5)BomCR581

vehicle filed by the respondent, wherein it is stated that the vehicle is liable for confiscation as per section 55 of the Forest Act, 1927. He, therefore, submits that since the forest produce attached is from private property, … report of the circumstances to his superior officer.'The reference to sections in this Independent is to the Indian Forest Act, 1927 as amended by Goa Amendment Act, 1988. Section 53 provides for release of properties seized under section 52

Om Prakash Agrawal and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Indian Forest Act, 1927 - Sections 55; Madhya Pradesh Forest (Amendment) Act, 1983; Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 - Sections 22

Reported in : 1995(0)MPLJ355

regard to a forest offence committed in December 1983 only by virtue of the provisions of the Indian Forest Act, 1927 as amended by M. P. Act No. 25 of 1983. Confiscation could be ordered only after following the … the Central Act. The forest offence in that case was committed on 4-10-1982. The Court after referring to Section 55(1) of the Central Act as amended, which provided for confiscation, observed :'Now, in respect of transit or

Swaroopchandra Garg Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Forest Act, 1927 - Sections 55(1); Madhya Pradesh Van Upaj (Vyapar Viniyanam) Adhiniyam, 1969 - Sections 19(1) and 22

Reported in : AIR1984MP7

under:--'Section 2 (a): Words and expressions used but not defined in this Act and denned in the Indian Forest Act. 1927 (16 of 1927) shall have the meaninff assigned to them in that. Act.' Now. the Central Act does … Officer had determined the value of the truck at Rs. 70,000. It was contended that the provisions of Section 55 of the Forest Act Were applicable and the truck was liable to confiscation which could be released only

State of Maharashtra Vs. Arjun Tabadu Mahajan and ors.

Court : Mumbai

Subject : CriminalEnvironment

Acts : Forest Act, 1927 - Sections 26(1) and 55

Reported in : 1988(1)BomCR603

complaint before the learned Judicial Magistrate, First Class, Shahada, for an offence under section 26(1)(d) of the Indian Forest Act, 1927, against 49 persons. In the complaint, he mentioned that the accused persons have permitted their cattle numbering in … therefore, all the cattle were seized. The complaint further mentions that the said cattle should be forfeited under section 55 of the Indian Forest Act.3. It appears that the learned Magistrate asked the accused whether they have received

Mohammad Akhtar, Etc. Etc. Vs. State of Bihar and ors.

Court : Patna

Subject : Environment

Act and other Acts to certain matters. The said section runs as follows:32. Limitation of applicability of Indian Forest Act, 1927. and any other law or order .-(1) Nothing contained in the Indian Forest Act, 1927 XVI of 1927 … necessary for the arrest and trial of the offence and the disposal of the property according to law.22. Section 55 provides that all the forest produce which is not the property of the government in respect of which

State of Maharashtra Vs. Rajendra Hilal Patil and anr.

Court : Mumbai

Subject : Criminal

Acts : Forest Act, 1927 - Sections 26 and 55; Forest (Amendment) Act, 1985

Reported in : 1989(1)BomCR287

be returned to the owner Jagannath Sahankar Badgujar forthwith. Criminal - seizure - Sections 26 and 55 of Forest Act, 1927 and Forest (Amendment) Act, 1985 - petition filed against Order of return of truck to its owner - … confiscation may be in addition to any other punishment prescribed for such offence.'After amendment by Maharashtra Act 7/85 section 55 reads thus :-'55. Forest produce, tools, etc. when liable to forfeiture.---(1) All timber of forest produce which is

Manoj Kumar Vs. District and Sessions Judge, Hardwar and Others

Court : Allahabad

Subject : Civil

Acts : Forest Act, 1927 - Sections 26, 41, 41 (2), 42 and 55

Reported in : 1998(1)AWC188

passed by Judicial Magistrate, Roorkee. Criminal-environment - seizure and confiscation - Sections 26 (f), 41(2) and 55 of Forest Act, 1927 - vehicle seized - contended that cannot be released as it has been repeatedly used for commission of … respect of the vehicle, confiscation proceedings are doing on, is concerned, attention of this Court is drawn to Section 55 of the Forest Act which reads as follows :'55. Forest produce, tools, etc., when liable to confiscation.--(1) All

Ahmadji Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Forest Act, 1927 - Sections 55 and 59

Reported in : AIR1986MP1

Forest Officer by order dated 30-9-1981 compounded the offence and confiscated the truck, under Section 68 read with Section 55 of the Act. Earlier a due intimation was sent to the Magistrate concerned about the seizure of the … challenging the order ofconfiscation of truck dated 20-12-1982 passed.by the Divisional Forest Officer under Section 52 of Indian Forest Act, 1927.2. The petitioner owned truck No. MPD 4822 which is a 1973 model Tata Mercedese truck. The petitioner

Karna Laxman Gawali and Others Vs. State of Maharashtra and Another

Court : Mumbai

Subject : Criminal

Acts : Indian Forest Act, 1927 - Sections 2(1), 2(3), 2(6), 2(7), 25, 26, 26(1), 52, 52(1), 55, 61-A, 61-A(3), 61(B), 61-D, 70 and 71; Indian Forest (Maharashtra Amendment) Act, 1984 - Sections 61A to 61G; Cattle Trespass Act, 1871 - Sections 71

Reported in : (1989)91BOMLR134; 1990CriLJ163; 1989MhLJ780

Can the cattle instrumental in the commission of forest offence under S. 26(1)(d) and/or (f) of the Indian Forest Act, 1927 (the Act) be confiscated under S. 61-A(3) of the Act, is a point of some importance raised in … otherwise damages, the same.'Section 52 deals with the subject of seizure of property liable to confiscation said forfeiture, Section 55 deals with forfeiture by a convicting Court. Sections 61A to 61G as inserted by the Indian Forest (Maharashtra