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Pijush Kanti Mondal Vs. State of West Bengal

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 402 and 482; ;Indian Forest Act, 1972 - Sections 52, 59A, 59B, 62, 63 and 68; ;Orissa Forest Act, 1972 - Section 56(2)

Reported in : (1993)2CALLT252(HC),97CWN875

Court decision in Gurudeb Singh Rai (supra), therefore does not apply in interpreting Section 59-A of the Indian Forest Act, 1927. Section 59-A will therefore have to be read as it is without adding anything thereto or substracting anything therefrom. … a sum of money by way of compensation for any forest offence other than an offence specified in Section 62 or Section 63 which the person concerned is suspected to have committed and also to release the seized

State of West Bengal and anr. Vs. Mahua Sarkar

Court : Supreme Court of India

Subject : Environment

Acts : Constitution of India - Article 226; Indian Forest Act, 1927 - Sections 52(1), 59A, 59A(1), 59A(3), 59B, 59B(1), 59B(2), 59C, 59D, 62, 71A, 71C and 71G; West Bengal Forest Produce Transit Rules, 1959 - Rule 8(1); Indian Forest (West Bengal Amendment) Act, 1988 - Sections 17; Motor Vehicles Act, 1939; Code of Criminal Procedure (CrPC) - Sections 482

Reported in : 2008AIRSCW176; 2008(3)LH(SC)2027; AIR2008SC1591; 2008(3)ALLMR(SC)437; 2008(56)BLJR1195; (SCSuppl)2008(2)CHN130; [2008(3)JCR6(SC)]; (2008)3MLJ986(SC); 2008(3)SCALE199; 2008(1)LC393(SC);

directed release of vehicle which was seized and confiscated for an alleged violation of the provisions of Indian Forest Act, 1927 (in short the 'Act').3. Background facts in a nutshell are as follows:On 10.2.1999, certain forest officials noticed that … respect of any forest produce. An authorised officer has also the power to release the property seized under Section 62. All timber or forest produce, which is not the property of the Government and in respect of which

Anil Shet Gaonkar Vs. Abdulla Khan Karol and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 200, 397 and 482; Indian Forest Act, 1927 - Sections 54 and 65; Indian Penal Code (IPC), 1860 - Sections 341, 348 and 349

Reported in : 1996(5)BomCR441

respect of persons and property involved in the offence. He took me through the provisions of the Indian Forest Act, 1927 particularly sections 50, 52, 62, 64 and also 65. These provisions make it amply clear that those powers … Criminal Case No. 63/P/1991 on the file of the Judicial Magistrate, F.C., Sattari has filed this petition under section 397 of Cr.P.C.3. The petitioner on receipt of summons from the Magistrate filed a petition requesting the Magistrate

State of West Bengal and ors. Vs. Sujit Kumar Rana

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Forest Act, 1927 - Sections 2(3), 20, 29, 44(2A), 49(7), 50A to 59G, 62, 63, 67 and 68; Constitution of India - Articles 48A, 51A, 136, 226 and 300A; Code of Criminal Procedure (CrPC) , 1898; Essential Commodities Act, 1955 - Sections 6A(2), 6C, 6E and 7(1); Karnataka Forest Act, 1963

Reported in : AIR2004SC1851; 2004(2)ALD(Cri)258; (2004)3CALLT55(SC); [2004(4)JCR137(SC)]; JT2004(5)SC157; 2004(1)SCALE641; (2004)4SCC129

of Criminal Procedure, 1973 for quashing a proceeding for confiscation of forest-produce etc. under the provisions of Indian Forest Act, 1927 (hereinafter referred to as 'the Act') as amended by the State of West Bengal is in question in … against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in Section 62 or Section 63, a sum of money by way of compensation for the offence which such person is

State of U.P. and anr. Vs. Sri Ram Baboo Kesari and ors.

Court : Allahabad

Subject : Criminal

Acts : Andhra Pradesh Forest Act - Sections 44(2A); ;Forest Act, 1927 - Sections 2(4), 20, 20(1), 26, 26(1), 29, 29(1), 29(4), 44(2), 44(2A), 51A, 52, 52(1), 52(2), 53, 54, 55 to 57, 58, 59, 60, 61, 62 and 69; Code of Criminal Procedure (CrPC) , 1974 - Sections 5, 428, 451, 452, 457, 458, 459 and 482; ;Foreign Exchange Regulation Act, 1947 - Sections 19A; ;Border Security Force Act; Evidence Act

Reported in : 1990CriLJ87

Jagdish Khalifa.3. It is not disputed that the seizure was purported to be under Section 52 of the Forest Act, 1927 and a report of seizure was made to the Magistrate having jurisdiction to try the offence on account … any property on pretence of seizing any property liable to confiscation under this Act. It runs as under :--Section 62. 'Punishment for wrongful seizure-- Any Forest Officer or Police Officers who vexatiously and unnecessarily seizes any property on

Smt. Pratima Ghosh and anr. Vs. State of West Bengal

Court : Kolkata

Subject : Criminal

Acts : Prevention or Damages of Public Property Act, 1934 - Section 3 ; ;Forest Act, 1927 - Section 17, 52, 59A to 59G, 60, 62, 63 and 68; ;West Bengal Forest Produce Transit Rules, 1959 - Rule 11; ;Constitution of India - Articles 32, 226 and 227; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 397, 401 and 482

Reported in : (2006)2CALLT125(HC),2006(2)CHN586

contending that since the order passed by the learned District Judge in appeal under Section 59D(2) of the Forest Act, 1927, as amended by the W.B. Act 22 of 1988, is final, revision under Section 401 Cr.PC is not … against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in Section 62 or Section 63, a sum of money by way of compensation for the offence which such person is

State of Gujarat Vs. Dhansukhlal Amrutlal Purohit

Court : Gujarat

Subject : Criminal

Acts : Constitution of India - Articles 226 and 227; Code of Criminal Procedure (CrPC) - Sections 482; Indian Forest Act, 1927 - Sections 61, 62 and 71

Reported in : (2005)3GLR2647

of the Maruti Car.4. The ld. Sessions Judge has considered the scheme of Section 61 of the Indian Forest Act, 1927, as amended in the year 1983. It is not the finding that no offence punishable under the Forest

Godrej and Boyce Mfg.Co.Ltd. and anr. Vs. State of Maharashtra and ors ...

Court : Supreme Court of India

Subject : Land Acquisition

consideration is whether the mere issuance of a notice under the provisions of Section 35(3) of the Indian Forest Act, 1927 is sufficient for any land being declared a “private forest” within the meaning of that expression as defined

Planters Forum Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

reform came up for consideration. It was contended that the provisions of 1960 Act were repugnant to the Forest Act, 1927. Section 4A providing for vesting was introduced in the 1960 Act by amendment in the year 1978. On the … (P) Ltd.'s case (supra). After noticing the relevant observations in both the above judgments in paragraphs 61 and 62, the following was laid down in paragraphs 64 and 65 of the judgment:"4. If it is to be

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 … in any manner, by any of the provisions contained in the Trade Act of the year 1984. Section 62-C, which seems to have been completely overlooked by the High Court, clinches the issue and dissuade any such