Judgment Search Results Home > Cases Phrase: forest offence Page 1 of about 230,829 results (0.079 seconds)

Divisional Forest Officer (Authorised Officer) and ors. Vs. Laxman Pra ...

Court : Andhra Pradesh

Reported in : 1991(1)ALT304

..... case, be less than the value of the forest produce, or more than four times such value as estimated by such forest officer, in addition to the value of the forest produce, where such offence involves any forest produce which in the opinion of the forest officer, may be ..... the order of the court so passed shall be final.section 59: power to compound offences:-(i) any forest officer, specially empowered in this behalf by the government may accept a compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed any forest offence, other than an offence under section 52 or section 55-(i) a sum of money not exceeding fifty rupees where such offence is of a trivial nature;(ii) a sum of money which shall not, in any ..... of any amount as aforesaid shall be without prejudice to any decision that may be taken by the competent authority under these rules in regard to the quantum of compensation or the necessity or otherwise to compound the offence.rule 8:-where the accused gives an undertaking as specified in rule 5, in the case of-----(i) all the forest offences, the divisional forest officer or the sub-divisional forest officer;(ii) all the forest offences where the value of the forest produce involved does not exceed rs. .....

Divisional Forest Officer, Jannaram, Adilabad Dist. Vs. Ailal Sathaiah ...

Court : Andhra Pradesh

Reported in : 1999(6)ALD1

..... initially, the writ petition was filed by the owner of the lorry contending that the lorry in question was not involved in any forest offence and that he has not given any compounding statement as per rule 5 of the rules which is prescribed in form-d and his thumb impression ..... no.l384/95-s2, dated 23-3-1996 was issued asking the accused why the vehicle bearing no.apq 7568 along with the timber involved in the forest offence should not be confiscated to the government and an opportunity of being heard was given by fixing the date of enquiry as ..... disposed of the writ petition at the admission stage insofar as the consequences arising there from particularly directing the release of timber which is a forest produce and the same cannot be released inasmuch as the compounding authority while compounding the offence clearly indicated in order bearingno.6/c/95-96-b dated 26-4-1996 that the seized forest produce is forfeited to the state as per form-e under rule 8 of the rules and it is further directed that on receipt of ..... forest submitted that the learned judge ought not to have directed for the release of the timber which is a forest produce and involved in an forest offence ..... aggrieved by the order directing the release of the forest produce involved in the forest offence. ..... that the learned judge was pleased to dispose of the writ petition at the admission stage directing respondents to release lorry bearing no.apq 7568 including release of timber which was involved in a forest offence. .....

The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. K. ...

Court : Andhra Pradesh

Reported in : 1982CriLJ641

..... in the absence of expression of such willingness and application made in form-a, the divisional forest officer could not have asked the respondent to express his willingness to have the offence compounded especially when the respondent was denying having committed the forest offence and when he was also asserting that the lorry was used by his driver without his consent or connivance. ..... i have gone through the record of enquiry and at no point of time did not respondent apply his willingness to compound the forest offence and he never gave any written undertaking in that regard in form-a as required by r. ..... the question of compounding a forest offence, therefore, arises only if the person accused of a forest offence expressed his willingness to have the offence compounded and to pay compensation therefor and if he gave a written undertaking in that regard in form-a ..... forest act, has set aside the order of the divisional forest officer dated 16-7-1979 confiscating the lorry apl 419 belonging to the respondent and directed fresh enquiry after giving an opportunity to the respondent to compound the offence and pay compensation therefore and the divisional forest officer was also directed to act in comliance of rule 4 of the forest offences (compounding and prosecution) rules 1969 ..... the question of compounding a forest offence does not, therefore arise if the person accused of a forest offence did not express his willingness and did not give a written undertaking in that regard in form-a .....

Jethu Prasad and ors. Vs. State of Orissa

Court : Orissa

Reported in : 71(1991)CLT381; 1991CriLJ2012

..... the officer empowered by government in that behalf to accept compensation from any person who has committed, or in respect of whom it can be reasonably inferred that he has committed, any forest offence other than offences under sections 66 and 67, the compensation amount being as provided for in the section. ..... regarding compounding the offence is provided in the orissa forest (detection, enquiry and disposal of forest offences) rules, 1980 ..... whenever any property is seized by an officer regarding which it is believed a forest offence have been committed, the officer is to place on the property a mark indicating that the same has been seized and is to submit a prosecution report or produce the property before the authorised officer except where the offender has approached in writing to get the offence compounded. ..... counsel for the petitioners, has assailed the conviction firstly on the ground that since cognizance of the offence was taken under section 37 of the orissa forest act, no conviction could have been made for contravention of rule 4 of the t.t. ..... the orissa timber and other forest produce transit rules, 1980 of which rule 4, so far as the offence alleged against the petitioners is concerned remained the same as ..... as evidence merely because they were signed by them, the approach was perverse and not sustainable in law and, lastly, since the petitioners had agreed to compound the offence and had executed a bond for the same, no prosecution report could have been filed.5. .....

S. Shareef S/O. HussaIn Sab Vs. the Divisional Forest Officer Wildlife ...

Court : Andhra Pradesh

Reported in : 2005(2)ALT140

..... admittedly, the petition said to have been submitted by the petitioner, which was at page no.15 in the file, was not filed in prescribed proforma as contemplated under rule 5 of the andhra pradesh forest offences (compounding and prosecution) rules, 1969 (for short 'the rules'). ..... since the file produced do not indicate about filing of such an application in the prescribed form, compounding offence by the first respondent for three times of the value of the seized forest produce worth rs.20396/- suffers from incurable infirmities and same is not sustainable. ..... it is not in dispute the lorry of the petitioner was seized while transporting small sandra and miscellaneous rough dressed timber on 30-3-1999 and the divisional forest officer passed an order under section 59 compounding the offence for rs.70,000/- and ordering confiscation of the timber pieces. ..... questioning the same, the present writ petition has been filed contending that the petitioner never agreed for compounding the offence but respondents took the thumb impression on a white paper and have written that the petitioner agreed to compound the offence, which resulted in passing the impugned orders of compounding the offence by the divisional forest officer.3. .....

S. Nabi Rasool Vs. the Conservator of Forests Kurnool Circle and ors.

Court : Andhra Pradesh

Reported in : 2003(2)ALD720; 2003(5)ALT113

..... firstly, he would contend that the petitioner has not committed any forest offence and therefore it is not competent for the respondents to impose the compounding fee of rupees three ..... it lays down that any forest officer specially empowered by the state government may compound any forest offence subject to the rules laid therein and also subject ..... 'forest offence is defined in clause (e) of section 2 as to mean an offence punishable under the act or any rule ..... forest offences (compounding & prosecution) rules, 1969 (hereinafter referred to as 'compounding & ..... , after recording a finding that the provisions of the act or rules have been contravened after giving an opportunity of being heard, the option is left to the divisional forest officer either to cancel the licence or to impose penalty not exceeding a sum of rs. ..... all these rules empower the competent authority, usually, the divisional forest officer to impose penalty/fine for contravention of the conditions of licence or in some cases the ..... submits that as there is huge variation in the ground stock and the stock registered in the timber registers, the divisional forest officer was justified in imposing the fine under section 59 of the a.p. ..... not denied that section 2, 29(4), 44 provide for offences and penalties under the act. ..... when no contravention can be treated as an offence under the act, as per the provisions noticed hereinabove or any other provision, section 59 of the act as well as compounding & prosecution rules have no .....

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

Court : Patna

..... , 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 any police officer not below the rank of a sub-inspector, may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this act entry upon, inspect and search any place, premises, appurtenances ..... of the act on his being satisfied that a forest offence had been committed in respect thereof, is not dependent upon whether a criminal prosecution for commission of a forest offence has been launched against the offender or not. ..... 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:provided that when the forest produce with respect to which such offence is believed to have been committed is the property of government and the offender is unknown, it shall be sufficient if the officer makes, as soon as ..... thousand rupees, or both:provided that penalties which are double of those mentioned above may be inflicted in case where the offence is committed after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence;(2) the specified forest produce in respect of which such contravention has been made or such part thereof as the court may deem fit, and .....

Mrs. Mangal Sarjerao Bharate Vs. A.B. Bhangre and Others

Court : Mumbai

Reported in : 1990CriLJ131

..... under the said sub-section the concerned officer is authorizes, if he has reason to believe that a vehicle has been or is being used for the transport of the forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, to require the driver or a person incharge of such vehicle to stop the same cause it to remain stationary for the purpose of examining the contents of the vehicle and ..... which has been the subject-matter of the controversy raised by the contending parties, is whether a vehicle which has not actually been used for the purpose of committing any forest offence is liable for seizure and confiscation under the provisions of chapter ix of the indian forest act the further question that has been raised by the contending parties is whether under the state amendments, viz. ..... or police officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe a forest offence has been or is being committed, required the driver or other person incharge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the ..... of the witnesses that the said tempo had been used for transport of forest produce in the past cannot, in our view, justify an inference that the tempo was used in committing a forest offence with which the driver, cleaner and two others are being sought to .....

Ghatge Patil Transport Limited, a Company Incorporated Under the Provi ...

Court : Mumbai

Reported in : 2008(1)ALLMR497

..... are of the considered view that when any vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not normally be returned to a party till the culmination of all the proceedings in respect of such offence, including confiscatory proceedings, if any.the facts of the case in hand are almost similar to those of k.krishnans ..... or police officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is a reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary examination of the contents ..... sub-section (2-a) of section 44 of the act on his being satisfied that a forest offence had been committed in respect thereof, is not dependent upon whether a criminal prosecution for commission of a forest offence has been launched against the offender or not. ..... any) in which it is contained, a mark indicating that the same has been so seized and make a report of such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made provided that when the forest produce with respect to which such offence is believed to have been committed is the property of government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report .....

K. Ekambaram Reddy S/O K. Doraswamy Reddy Vs. Deputy Conservator of Fo ...

Court : Karnataka

Reported in : ILR2007KAR3197; 2007(5)KarLJ112; 2007(4)AIRKarR81

..... or police officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and ..... mansur ali khan 2004 air scw 5, the apex court has held that release of vehicle involved in a forest offence during the pendency of the proceedings to be exercised sparingly and for good reasons and not in a routine ..... is the property of the state government or in respect of sandalwood, to the concerned authorised officer under section 71-a; and(b) in other cases, to the magistrate having jurisdiction to try the offence on account of which the seizure has been made.provided that when the forest produce with respect to which such offence is believed to have been committed is the property of government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to ..... before passing an order for releasing the forest produce or the property used in the commission of the forest offence, the authorised officer or the appellate authority has to specify the reasons which justify such release, apparently, prima facie excluding the possibility of such forest produce or the property being confiscated ultimately .....