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Kailash Chand and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1995MP1

..... there can be no conflict of jurisdiction between the authorised officer acting under sub-section 2-a of section 44 of the act to direct confiscation of the property seized under sub-section (1) on his being satisfied that a forest offence has been committed and the magistrate making an order for confiscation of the property so seized on confiscation of an accused for ..... --- where under any law for the time being in force,two or more courts have jurisdiction to try forest offence, then receipt ofintimation under sub-section (4) 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 allthe courts and the bar to ..... a report about the seizure to the authorised officer or where it isintended to launch criminal proceedings against the offender immediately,make a report of such seizure to the magistrate having jurisdiction to trythe offence on account of which the seizure has been made.provided that when the forest produce with respect to which suchoffence is believed to have been committed, is the property, of thegovernment, and the offender is unknown, it shall be sufficient if theofficer makes, as soon as may ..... it is, therefore, proposed in order to curb such malpractices that responsible forest officers should be invested with the power of confiscation of the property used in commission of forest offences, saving the provision of judicial review and without prejudice to the power of the magistrate .....

M.P. All India Tourist Permit Owners Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2001(5)MPHT15

..... can be no conflict of jurisdiction between the authorised officer acting under sub-section 2-a of section 44 of the act to direct confiscation of the property seized under sub-section (1) on his being satisfied that a forest offence has been committed and the magistrate making an order for confiscation of the property so seized on conviction of an accused for ..... in view of this the forest department was finding it difficult to curb the forest offences effectively and quickly in spite of the fact that large scale smuggling of forest produce was on the increase.hence, it was thought necessary to empower officials of the forest department seizing to confiscate any property instead of making a report ..... order of confiscating any vehicle shall be made under sub-section (6) unless the taxation authority,-- (a) sends an intimation in the form prescribed about intimation of proceedings for confiscation of vehicle 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 vehicle is seized and to the registered owner;(c) affords an opportunity to the persons referred to in clause (b) of ..... forest offences even in a case where he was satisfied that a forest offence had ..... , air 1995 mp 1, while considering the validity of a similar provision under the forest act where prosecution for the offence before the court and confiscation before the authorised officer are provided, this court has upheld the .....

Sheikh Tausif Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Reported in : 2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263

..... is also clear that section 52 of the forest act in its application to the state of madhya pradesh has provided that if a forest offence has been committed in respect of any forest produce, such produce together with all tools ..... property liable to confiscation and procedure therefor-- (1) when there is reason to believe a forest offence has been committed in respect of any forest produce, such produce, together with all tools, boats, vehicles, ropes, chains or any other article used in committing any such offence may be seized by any forest officer or police officer. ..... ***** (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 reasons to be recorded confiscate forest produce so seized together with all tools, vehicles, boats, ropes, chains or any other article used in committing such offence. *** ****. ..... the result of the above discussion is that though the alleged offence is punishable under section 26 of the indian forest act and sections 29, 35(6), 51 and other provisions of the wild life (protection) act, the provisions of section 52 of the forest act do not attract as the fish are not forest produce and therefore the jeep can be construed to have been seized not under section 52 of the forest act as applicable in the state of madhya pradesh but under section .....

Shrish Agrawal Vs. State of M.P. and anr.

Court : Madhya Pradesh

Reported in : 2003(2)MPHT97; 2003(2)MPLJ189

..... for committing forest offences even in a case where he was satisfied that a forest offence had been committed ..... , appear that there can be no conflict of jurisdiction between the authorised officer acting under sub-section (2-a) of section 44 of the act to direct confiscation of the property seized under sub-section (1) on his being satisfied that a forest offence has been committed and the magistrate making an order for confiscation of the property so seized on conviction of an accused for a forest offence under section 45. ..... it difficult to curb the forest offences effectively and quickly in spite of the fact that large scale smuggling of forest produce was on the increase. ..... case, confiscation may result if the authorised officer is satisfied that a forest offence has been committed. ..... are on the basis of the 'satisfaction' of the authorised officer in regard to the commission of forest offence. ..... --notwithstanding anything to the contrary contained in the act, or any other law for the time in force, the court having jurisdiction to try offences covered by clause (a) or (b) of sub-section (1) of section 34 on account which such seizure has been made, shall not make any order about the disposal, ..... repelled the contention of the petitioner with regard to the validity of sections 47-a and 47-d of the act and held that these provisions which in effect take away the jurisdiction of the court trying the offence to consider the question of confiscation of the articles and the vehicle etc. .....

Umashankar Usrete S/O Shri Haridas Usrete Vs. State of Madhya Pradesh ...

Court : Madhya Pradesh

Reported in : 2008CriLJ3270; 2008(4)MPHT393

..... vide order 23.7.1999 annexure p/1 after appreciating the evidence produced before him found that the forest produce was transported without his knowledge and connivance and he had taken all the precautions for use of the said vehicle in the forest offence. ..... explained that the vehicle was used without his knowledge or connivance and that all reasonable and necessary precautions were taken against the use of the vehicle for commission of any forest offence. ..... sate of orissa: air 1999 orissa 37 considering the similar situation held that the conservator of forest should have exercised that power either suo motu or on an application, in case where order of 'confiscation' is made by authorized officer and when the authorized officer has ordered release of the seized goods/vehicle on payment of fine ..... this court has found that the appeal itself was not maintainable before the conservator of forest, so it is not necessary in this petition to deal with other contentions of ..... him, within thirty days of date of knowledge of such order, prefer an appeal in writing, accompanied by such fee and payable in such form as may be prescribed, and by certified copy of order of confiscation to the conservator of forests of the forest circle in which the forest produce, has been seized.explanation. ..... the competent authority annexure p/1 was challenged by the range officer, kanhiwada before the conservator of forest, who happens to be the appellate authority under section 52a of the indian forest act, 1927. .....

Biresh Kumar Singh Vs. State of M.P. and Others

Court : Madhya Pradesh

..... 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 (4) of section 52 by one of the court of magistrates having such jurisdiction shall be construed to be receipt of intimation under that provision by all the court and the bar to exercise ..... learned counsel for the state has supported the impugned order and submitted that if the offence has been registered under indian forest act along with the offence under wild life (protection) act, and if the magistrate, having jurisdiction to try the offences, has received the intimation under section 52 (4) of the indian forest act regarding initiation of proceedings for confiscation of the property, then the concerning magistrate has no jurisdiction to release ..... the prosecution has registered an offence as forest offence case no. ..... cases, the offences were not registered under the indian forest act. ..... from the impugned order that accused pinku kewat has been prosecuted for the offence punishable under sections 27, 29, 39, 51 of the wild life (protection) act and under sections 2, 41, 52 of the indian forest act. ..... of this court after consideration of number of authorities held that the property seized under section 52 of the forest act from the alleged offender cannot be the property of the state unless there is trial and finding reached by the competent court that the property seized was used for committing the offence. .....

Laxmi Chand Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1996CriLJ1118

..... the copy of the proceedings and other documents such as the seizure-memo, the application to compound the offence, the representation of the department filed in the court by forest department, very clearly indicated the prima facie commission of forest offence and that the department had taken steps and had drawn the necessary proceedings in relation to the seized wood ..... the order of the magistrate was challenged by the state in the court of session by filing the revision and the learned revisional court from the record held that as under section 52c of the indian forest act, the learned magistrate had the intimation of the confiscation proceeding in relation to the seized wood, his jurisdiction to pass any order with regard to the disposal of the property seized by the department was ..... house of the petitioner was searched on 14-11-86 by the forest department officials and certain quantity of wood on the suspicion of the commission of forest offence was seized. ..... the learned revisional court in the facts and circumstances rightly found that under section 52c of indian forest act, the jurisdiction of the court was barred for passing the order in relation to the seized property ..... 14-11-86, had filed an application to the forest department for compounding the offences, under the indian forest act, but thereafter he had not appeared in the inquiry and the department found that the seized wood as alleged by petitioner was not covered under the old permits issued to the petitioner by the .....

Ramniwas and Others Vs. Game Range Chambal Sanctuary Bhind Headquarter ...

Court : Madhya Pradesh

Reported in : 2012CrLJ1747

..... although indisputably having regard to the phraseology used in sub-section (2) of section 59-a, there cannot be any doubt whatsoever that commission of a forest offence is one of the requisite ingredients for passing an order of confiscation; but the question as to whether the order of acquittal has been passed on that ground and what weight should be attached thereto is a matter which, in ..... explanation: where under any law for the time being in force two or more courts have jurisdiction to try forest offence, then receipt of intimation under sub-section 4 of section 52 by one of the courts of magistrate having such jurisdiction shall be construed to be in receipt of intimation under that provision by all the courts and the bar to exercise ..... that as per the wild life protection act, 1972 (hereinafter referred to as the '1972 act'), very stringent provisions are made with regard to forest offences and, therefore, the authorities should not have applied the provisions of the 1927 act. 7. ..... seizure to 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: provided that when the forest produce with respect to which 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 .....

Ms. Shamim Modi Vs. Ms. Sudha Chowdhary, District Collector and ors.

Court : Madhya Pradesh

Reported in : 2008(5)MPHT13

..... carried out by the police in accordance with the provisions of the 1989 act and the rules made thereunder as well as the cr.pc and thereafter, if a charge-sheet is filed with materials to show that the police or forest officials have committed the offences under section 3(1)(viii) and 3(1)(ix) of the 1989 act, then only the case can be tried by the special court constituted under section 14 of the act and the high court, in exercise of its ..... 4(a), (b) and (c) have stated that approximately 200 families of local tribes live in villages kabra and ghorpodmal within the forest ranges of mohada and tawdi under west betul (g) forest division and taking advantage of the proximity to forest, some of them on the instigation of the petitioner and her husband are involved in various types of forest offences on regular basis in the nearby compartment nos. ..... . thus, in case the petitioner is apprehensive that the police may not register a case at all pursuant to the fir lodged against the police and forest personnel and investigate into the offences with fairness and impartiality, it is open to the members of the scheduled tribes to file complaints before the concerned magistrate for inquiry in accordance with the cr.pc and in case the magistrate finds that the case is one ..... they have also stated that the department of forest has been taking suitable action by registering cases of forest offences, encroachments etc. .....

Baddu. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

..... the seizure to the authorised officer or where it is intended to launch criminal proceedings againstthe 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 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 ..... further contended that even the authorised officer has passed the order of confiscation without recording the reasons as is required to be under sub-section (5) of section 52, that, a forest offence is made out and that there was a knowledge or connivance of the owner, i.e. ..... when there is reason to believe a forest offence has been committed in respect of any forest produce, such produce, together with all tools, boats, vehicles, ropes, chains or any other article used in committing any such offence may be seized by any forest officer or police officer. ..... it is contended that since a forest offence was committed and the vehicle of the petitioner was found involved therein, the authorised officer was within his right in confiscating the vehicle ..... and seizure memo were prepared and a forest offence vide por no. ..... 2008 preferred by the petitioner has been dismissed and the order of confiscation passed by authorised officer-cum-sub divisional officer, seoni, in forest offence no. .....