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Kesharsingh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : AIR1984MP50

..... from a bare reading of section 68(1) of the central act that it confers power on the state government to empower a forest officer to accept a sum of money by way of compensation from a person who is suspected to have committed any forest offence specified therein and also to estimate the value of any property seized and to release the same on payment of such value. ..... --(1) the state government may, by notification in the official gazette, empower a forest officer -- (a) to accept from any person 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 suspected to have committed, and(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated ..... machine belonging to the petitioner is liable to be confiscated under section 52 of the central act because the same was used for commission of the aforesaid forest offences and therefore it was seized and sealed. ..... thus, the composition of the forest offence is complete on payment of money by way of compensation and if any property is seized on payment of the value as estimated ..... in such cases the person suspected to have committed the offence may be proceeded with as if no composition had taken place and the forest officer concerned, has no power to compel such person to pay the estimated value of the property to .....

Kuldeep Sharma Vs. State of Madhya Pradesh and Others

Court : Madhya Pradesh

Reported in : 2012CrLJ2040; 2012(3)KLT28(SN)(C.No.28)

..... a minute and microscopic reading of this section shows that if there is reason to believe for the forest officer that forest offence has been committed, he may seize the vehicle, material, ropes, chains etc. ..... powers of a civil court to compel the attendance of witnesses and the production of documents and material objects; (c) power to issue a search warrant under the code of criminal procedure, 1898 ( 5 of 1898); and (d) power to hold an enquiry into forest offences, and, in the course of such inquiry, to receive and record evidence. ..... which are used in the alleged forest offence. ..... the petitioner submits that as per section 30 of the advocates act, 1961 read with sections 19 and 72 of the indian forest act,1927 ( for brevity 1927 act) the petitioner is entitled to engage an advocate even in confiscation proceedings. ..... in the opinion of this court, the authorised officer is not a the forest settlement officer and the petitioner has not submitted any claim before the said authority, and therefore, section 19 of 1927 act has no application in the instant case. ..... such claim can be made before the forest settlement officer, appellate officer or in the court in the course of any enquiry or appeal under this act. .....

Shyambabu Kirar Vs. State of M.P. and Others

Court : Madhya Pradesh

..... the apex court, thus held that inasmuch as seizure under section 52 of act has not taken place and no forest offence in respect of a "forest produce", is shown to have been committed or established in the case, there is absolutely no justification in passing the order of confiscation of ..... reads as under:- "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" (emphasis supplied) 8. ..... "forest-offence" means an offence punishable under this act or under any rule made thereunder; 2(4) "forest-produce" includes- (a) the following whether found in,or brought from, a forest or not, that is to say:- timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, [shellac, gum], mahua flowers, mahua seeds [tendu leaves], kuth and myrobalans, and (b) the following when found in, or brought from a forest, that is to say:- (i) trees and leaves, flowers and fruits, ..... doubt, is liable for penalty for an offence mentioned in section 33 (1) (c) of the forest act but for this reason his vehicle cannot be confiscated unless it is established that such forest offence has been committed in respect of any forest produce. 9. in p.v. ..... it clear that a seized property can be confiscated when forest offence has been committed in respect of any forest produce. .....

Lalit Kumar Arya Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... the jeep not cpz 382.belonging to the 2 petitioner had been used by his cousin brothers namely, anil kumar machiwar and adip kumar machiwar for commission of the forest offence and in such circumstances, in view of the provisions of section 52 (5) of the indian forest act, the vehicle of the petitioner be released and the impugned orders directing confiscation of the vehicle be quashed.3. ..... that the petitioner also did not take any precautionary measure or steps to ensure that his vehicle would not be used for the commission of forest offence which is necessary for a person claiming innocence as has been held by the supreme court in the case of state of m.p. vs. ..... record of the case and the impugned order it is clear that there is a concurrent finding of facts by all the three authorities against the petitioner in respect of the fact that the offence of cutting timber in protected forest area has been found to have been committed by the petitioner and to the effect the petitioner has failed to establish that the vehicle had been used by anil kumar and adip kumar, ..... has filed this petition being aggrieved by order dated 26.06.2004 passed the sub divisional officer (forest) tawdi district betul whereby the jeep belonging to the petitioner had been directed to be confiscated for offence punishable under the provisions of the indian forest act and the order dated 11.02.2005 passed by the conservator of forest in appeal affirming the said order as well as the order passed by the second .....

Manoj Kumar JaIn Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2001(4)MPHT233; 2002(1)MPLJ66

..... he was fully authorised to release the goods even in those cases where a forest offence was committed. ..... these logs were seized by the police which appears to have registered an offence under section 379 of the indian penal code and proceeded under section 52 of indian forest act (henceforth 'the act') and section 15 of madhya pradesh van upaj (vyapar viniyaman) adhiniyam, 1986. 3. ..... the learned magistrate had received prior intimation on 3-2-2000 that the aforesaid jeep was liable to be confiscated by the competent forest officer and for this purpose necessary proceedings were being started. ..... however, in case, an appropriate application is filed by the applicant before the forest authority - concerned, it shall, in consonance with the justice, dispose of the application of the applicant within a period of two months from the date of filing of the application so that the jeep is not kept idle. c.c. ..... since the forest authority has seized the jeep and, therefore, the applicant is entitled to move the forest authority for passing an appropriate order in accordance with law. ..... if a forest authority has seized the property, in question, then there was no question of application of section 457 of the code of criminal procedure because the forest authority is not entitled to prosecute and file a challan before a magistrate. .....

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

Court : Madhya Pradesh

Reported in : AIR1984MP7

..... when liable to confiscation- (1) 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, vehicles and cattle used in _ committing anv forest offence shall be liable to confiscation. ..... - (a) to accept from any person against whom a reasonable suspicion exists that he had committed an offence punishable under this act a sum of money by way of compensation for the offence which such person is suspected to have committed: and (b) when any property other - than , a specified forest produce has been seizedas liable to confiscation, to release the same on payment of the value thereof as estimated by such officer. ..... no 'forest offence' as contemplated by section 55(1) of the central act can be held to have been committed in the instant case and hence the truck in question cannot be held to be liable to confiscation under section 55(1) of the central act.9. ..... as regards the question as to whether there was or was not composition of any offence by the driver of the truck and as to whether the divisional forest officer could impose a fine on the driver of the truck, we express no opinion, as the driver of the truck has not raised anv question in that, behalf.12. ..... the petitioner averred that according to the forest officers the driver of the truck had compounded the offence and respondent no. 3. .....

Anand Kumar Goenka Vs. State of M.P. and Others

Court : Madhya Pradesh

Reported in : 2001(3)MPHT252; 2001(3)MPLJ272

..... these are the forest offences which were indicated in the charge ..... he is authorised to investigate a forest offence simultaneously under the act of the 1984, even if he is not duly authorised therefor by a ..... it appears that the forest range officer, maihar investigated the offences punishable under sections 33 and 63 of the indian forest act, 1927 (for short 'the forest act') and the offences punishable under sections 3 and 4 of the prevention of damage to public property act, 1984, (for short 'the act of ..... these circumstances, this court is of the view that the investigation made by the forest officer of an offence under sections 3 and 4 of the act of 1984 is null and void and the magistrate is not competent to take cognizance of the offence under that act.12. ..... counsel for the parties, this court is of the view that so far as the first objection is concerned, the forest officers have no power to authorise any special agency to investigate the offence committed under the act of 1984. ..... no provision in the code of criminal procedure to the contrary regarding investigation and filing of charge-sheet authorising a forest officer to investigate the offence under the act of 1984. ..... therefore the forest officer cannot file a charge-sheet directly in a court of law saying that an offence has been committed under the provisions of the act ..... however, the forest officers have tried to show that the offence took place at village bhatura, district satna in order to give jurisdiction to the court at .....

Mitthanlal Mishra Vs. State Government of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1998MP67; 1997(2)MPLJ216

..... section 52 of the forest act as applicable to madhya pradesh provides the complete procedure in relation to seizure and confiscation of the property involved in forest offence or illegal transportation of ..... (5) of section 52 of the act provides that no order of confiscation under sub-section (3) shall be made if any person referred in clause (b) of sub-section (4) proves to the satisfaction of forest officer that the property was used without his knowledge or connivance or without the knowledge or connivance or his servant or agent and that all reasonable and necessary precautions had been taken against use of objects for commission of forest offence. ..... forest offence was registered and notice was sent to the judicial magistrate ..... other hand, shri gupta learned counsel for the state states that the authorities are required to issue notice if it appeared to the forest officer that the person has some interest in the property.9. ..... according to the return, the driver had informed the forest authority that one sharda pandit was managing the affairs in relation to the truck, therefore, notices were issued to the driver gokul prasad and sharda pandit, the persons who held the ..... in a raid effected on 4-12-1986 the forest ranger found the truck carrying some different fresh sawn forest produce and not the one under the permit or ..... said truck was in custody and possession of the driver gokul prasad who was required under the transit permit to transport certain forest wood from one place to another. .....

Harmit Singh Bhatia Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2004(1)MPHT101

..... the truck of the respondent was ordered to be confiscated by the assistant conservator of forests, as it was found involved in commission of a forest offence. ..... his knowledge or connivance; (ii) that such transport was without knowledge or connivance of his servant or agent, and (iii) that all reasonable and necessary precautions had beentaken against mis-use of the truck for commission of forest offence. 8. ..... the knowledge of the petitioner, but directed seizure of the truck merely on the ground that the petitioner had not taken all reasonable necessary precaution against the use of the truck for the commission of an offence under the act and only on this ground, the truck has been directed to be forfeited. ..... in the aforesaid orders, it is held that the petitioner has not taken all reasonable precautions against misuse of the truck for commission of the various offence and the goods was transported with knowledge and connivance of the driver. ..... the petitioner aggrieved by the orders passed (a) competent authority and deputy divisional forest officer, south sagar annexure p-9, (b) appellate authority-cum-conservator of forest, sagar circle annexure p-10 and (c) the sessions judge, sagar in criminal revision no. ..... he had duly instructed driver not to transport any forest goods, then he had duly taken all reasonable necessary precautions to avoid any commission of the offence. .....

Arun Kumar Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2000CriLJ1644; 2000(2)MPLJ184

..... such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a magistrate taking cognizance of such offence besides that a warrant should issue in the first instance against that person, he shall issue a bail warrant in conformity with the direction of the court under sub-section (1).on a bare reading of the aforesaid provision it is luminously ..... showing the alleged wood as that of fulle obtained transit permit from sarpanch dilip singh, who has also been arrayed as a co-accused, and such allegations do not constitute the offences against him and show the mala fide attitude of the officer to rope him in the present crime.miss maya verma learned panel lawyer for the state resisted the application for ..... it is apposite to refer section 438 of the code, which reads as under :438(1) when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the high court or the court of session for a direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest, he shall be ..... it is her further submission that forest offences being rampant in the state and there being concrete allegations against the petitioner, he ..... section 190(c) of the code for offences punishable under sections 26(1)(ga)(cha), 41(2)(kha)(ga)(gha), 42 and 69 of the indian forest act 1927 and under rules 23 and .....