Judgment Search Results Home > Cases Phrase: forest offence Court: allahabad Page 1 of about 11,074 results (0.032 seconds)

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

Court : Allahabad

Reported in : 1990CriLJ87

..... it runs as under :--'disposal, on conclusion of trial for forest offence, of produce in respect of which it was committed--'when the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed shall, if it is the property of government or has been confiscated be taken charge of by a forest officer, and, in any other case may be disposed of in such manner ..... that a seizure can be made only when there is reason to believe that a forest offence has been committed in respect of any forest produce 'reason to believe' places a lighter burden for proceeding to make seizure. ..... would suffice to say that kattha in question, with respect to which no specific forest offence is attached, was in possession of a partnership firm of which opposite party ram babu ..... (2a) 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. ..... mark indicating that the same has been so seized, and shall, as soon as may be, 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 .....

Rajendra Kumar Gupta Son of Shyam Sundar Vs. State of U.P. Through Sec ...

Court : Allahabad

Reported in : 2008(1)AWC938

..... his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence.under section 52-a(4) notice is required to be given to the person from whom the property is seized and the order for confiscating the vehicle can be passed after considering the objection of the owner. ..... in the objection filed by the petitioner it is not even alleged that vehicle was used in the forest offence without knowledge or connivance of the driver of the vehicle, namely bajrangi singh, who was also an accused. ..... if the vehicle is seized from the agent or servant of the owner, it has to be proved that the vehicle was used in the forest offence without the knowledge or connivance of servant or agent of the owner. ..... 1 of 2001 were not placed, which clearly provided that burden is to be discharged by the owner and it is the owner who has to satisfy the forest officer that forest offence was committed without his knowledge or connivance. ..... rajendra kumar gupta) was registered, secondly with regard to confiscation of vehicle seized, which is involved in forest offence relevant provision is section 52a(5). ..... 3 further held that permission for transportation of trees was not there and there being no papers regarding the goods which was transported, it was a clear case of forest offence within the meaning of section 26. .....

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

Court : Allahabad

Reported in : 1998(1)AWC188

..... all timber or forest produce which is not the property of government and in respect of which a forest offence has been committed, and all tools, boats, carts and cattle used in committing any forest offence, shall be liable ..... the question whether the vehicle was involved in offences under the forest act prior to the offence alleged to have been committed on 25.1.97 can be decided at the proper stage by the trial court if the petitioner is chargesheeted for such offences and in this writ petition no finding in this regard ..... magistrate passed another order observing that the vehicle was involved in an offence under the forest act which occurred in the night of 21/22.1.97 and offences committed on 3.1.97 and 16.1.97 and this is the same truck which was intercepted by the forest authorities on 25.1.97. ..... taken that the vehicle was involved in offences under the forest act committed on 3.1.97 and 16.1.97 and ..... however, looking to the changing stands taken by the forest department, it appears just and proper that the vehicle of the petitioner may be released in his favour in view of the order dated 25.1.97 passed by the ..... passed by the judicial magistrate as well as the chief judicial magistrate and the stand taken by the forest authorities, it would appear that the forest authorities were changing their version. ..... 5.2.97 was moved on which the learned magistrate passed the order, dated 5.2.97 issuing show cause notice to the forest authorities for non-compliance of the order, dated 29.1.97. .....

ishwar Chandra Gupta and ors Vs. State of U.P. and ors

Court : Allahabad

..... . amendment states that keeping in view the fact that the incidents of forest offences have increased considerably, which are committed by organized and influential gangs with money and muscle power as well as keeping in view large number of cases of encroachment on forest land, it was considered necessary to provide for summary eviction of unauthorised occupants and disposal of ..... water harvesting structures; (i ) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or vocational training centres; (l) roads; and (m) community centres: provided that such diversion of forest land shall be allowed only if,- (i) the forest land to be diverted for the purposes mentioned in this sub-section is less than one hectare in each case; and (ii) the clearance of such developmental projects shall be subject to the condition ..... palms, oil-bearing plants, horticultural crops or medicinal plants; (b) any purpose other than reafforestation; but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes. ..... reasons of the amendment act, 2001:- "prefatory note- statement of objects and reasons- in the recent past incidence of forest offences has increased considerably ..... . forest offences are now committed by .....

Indian Wood Products Co. Ltd. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1999All222

..... which , is lawfully in transit, not vexatiously or unnecessarily unload any such forest produce or cause the same to be unloaded, for the purpose of examination. ..... any place by any forest, police or revenue officer of the state government not below the rank of forest guard, sub-inspector of police or kanoongo, as the case may be, if such officer shall have reasonable grounds for suspecting that any money which is due to government in respect thereof has not been paid or that any forest offence has been or is ..... being committed in respect thereof:provided that no such officer shall vexatiously or unnecessarily detain any forest produce ..... for the issue, production and return of such passes for the issue, and for the payment of fees therefor;(d) provide, for the stoppage, reporting, examination and marking of timber or other forest produce in transit, in respect of which there is reason to believe that any money is payable to the government on account of the price thereof, or on account of any duty, fee .....

Ravi Pratap Singh Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2007(78)AWC2129

..... the forest officer or police officer is empowered to seize such goods, where there is reason to believe that forest offence has been committed in respect of forest produce. ..... --notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the state government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section (1) of section 52, the authorised officer under section 52a or the state government ..... regarding a complete bar as imposed by section 52d of the act is absolutely correct but it is nowhere brought to my notice that any objection by the forest department was raised to the effect that the vehicle was seized and brought before the concerned officer without unreasonable delay as required under section 52a of the act. ..... it is a case where forest officer has not proceeded for compounding the offence as provided under section 68 of the act. ..... on perusal of the two orders, it is not clear as to whether any proceedings for confiscation or compounding the offence has been initiated or any notice has been served initiating such proceedings by the forest department or not? ..... a forest officer has jurisdiction to compound the offence after accepting sum of money by way of compensation from the person suspected to have committed such an offence, which is equivalent to the value as estimated by such officer. .....

Devaki Nandan S/O Ganeshi Lal Vs. State of U.P. Through Secretary, For ...

Court : Allahabad

Reported in : 2008(1)AWC24

..... the property under sub-section (1) of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes chains and other articles used in committing the offence, before an officer not below the rank of a divisional forest officer, authorised by the state government in this behalf, who may, for reasons to be recorded make an order in writing with regard to custody possession delivery disposal or distribution of such property, and in case ..... his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence.52-b. ..... has urged that the release application was allowed by the concerned magistrate regarding truck in question who was involved in the offence of indian forest act etc. ..... it is further contended that jurisdiction of the criminal court has not ousted in the offence committed under the indian forest act etc. ..... it is not relating to the offence under section 52 ka indian forest act. ..... the revisional court has categorically given findings in its judgment, wherein it has been decided that criminal court had no jurisdiction in allowing the release application of truck in question who was involved for the offence under section 52 ka indian forest act. ..... against the driver of truck in question and others also for the offence under sections 52 ka indian forest act.6. .....

Tajendra Pal Singh Vs. District Forest Officer, Gorakhpur and Others

Court : Allahabad

Reported in : 1999(4)AWC3112

..... section 52 of the forest act if a forest offence has been committed in respect of any forest produce, such produce together with all tools used in committal of any such offence may be seized by any forest officer or police officer.8 ..... petitioner must surrender of his own the forest produce in question if he or his father has been successful in procuring them in terms of the interim order dated 8.9.1993 and in the event of his refusal to do so, it will be open for the forest/police authorities to take appropriate action.15. ..... enquiry in the saw mill premises, it was found that after bringing illegally round logs from the forest some of which were cut and seized along with tools used in the saw machine and brought to the office premises by exercising the powers vested in the authority under sections 26 and 52 of the forest act and saw mill rules.3. ..... singh saw mill was enquired into in presence of (i) forest officer, north gorakhpur, (ii) sub-divisional magistrate, nautanwa. ..... the question as to whether the 'forest produce' was illegally and/or stealthily brought from the forest and/or kept in the premises of the saw mill is a question of fact and cannot be determined by us in this ..... 3 the forest ranger, forest range laxmipur (van prabhag ..... the petitioner's father was having a licence, it cannot be presumed that he had a right to cut away the aforementioned forest produce.10. ..... clear that the woods in question, whether in the form of round logs or cut to pieces, are forest produce. .....

Bhagwandeen S/O Ganga Ram Vs. State of U.P., Through Special Secretary ...

Court : Allahabad

Reported in : 2006(3)AWC2339

..... objects aforesaid for the commission of the forest offence.6. ..... besides the fact that the involvement of the petitioner has not been proved in the offence in question, the action of the respondents by keeping the vehicle seized and not even initiating criminal prosecution against the accused persons would entitle the petitioner for release of the vehicle.9 ..... 121/02-03 under sections 26/52 and 55 of indian forest act and rule 3/28 of the corresponding rules ..... this case are that on 25.3.2003 a first information report was lodged by 'van daroga' against four persons, namely, narendra; vijai singh; rajesh kumar and onkar for possessing coal made out from the forest wood which was loaded in truck no. ..... 2, prescribed authority/divisional forest officer (social forestry), etawah, has seized the vehicle of the petitioner under section 52a of the indian forest act, 1927 (hereinafter referred to as the act) as amended by ..... 2 (prescribed authority/divisional forest officer [social forestry], etawah) shall release vehicle ..... 2, prescribed authority/divisional forest officer (social forestry), etawah, under section 52a(4) of the act to show cause why the vehicle ..... in the rejoinder affidavit and now by means of the supplementary affidavit a question-answer issued by the concerned court has also been filed wherein it has been stated that no case has been registered in pursuance of forest crime no. ..... the present case the vehicle of the petitioner was no doubt used by the persons accused in forest crime no. .....

Emperor Vs. Balbir Singh and anr.

Court : Allahabad

Reported in : 145Ind.Cas.735

..... balbir singh's defence was that he was not hunting in the forest nor was he passing on the road with the intention of hunting or shooting and that as the gun was already loaded, be did not think it necessary to discharge it before he left his native village for village joli. ..... apart from this what is made penal by the forest act is not the intention to shoot but actual shooting itself. ..... section 26 of the forest act penalises hunting and shooting in the reserve forests, in contravention of the rules made by the local government. ..... i am not aware of any provision of law that prohibits a man from going on a district board road, that passes through reserve forests with, a loaded gun. ..... (i) of section 26 (1) of the forest act which provides that any person who in contravention of any rules made in this behalf by the local government hunts or shoots shall be punishable with imprisonment or with fine or with both.3. ..... this is a reference by the learned sessions judge of saharanpur recommending that the conviction of balbir singh and juri applicants under section 26 (1)(i) of the forest act (act no. ..... the mere fact that one of the applicants was carrying a loaded gun with him was no ground for convicting the applicants under section 26(1)(i) of the forest act.5. ..... in the present case it is not alleged that either of the applicants was found shooting or hunting in the forest. ..... he was going on the district board road which runs through the government reserve forest. .....