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. .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR452
..... . the state of orissa), wherein it is held that when any forest produce together with vehicle used in committing any forest offence i-s seized by any forest officer in exercise of his powers under section 56 of the orissa forest act, the power to release the vehicle seized lies with the authorities prescribed in the four corners of the provisions of the forest act, and not with a magistrate in exercise of his powers under the provisions of the code of criminal procedure ..... 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 his ..... section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, except where the offender agrees in writing to get the offence compounded, either produce the property seized before an officer not below the rank of an assistant conservator of forests authorised by the state government in this behalf by notification (hereinafter referred to as the 'authorised officer') or make a report of such seizure to the magistrate having jurisdiction to try .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT65; 2006CriLJ3718; 2006(II)OLR109
..... as such, they have committed forest offence for which the authorised officer registered a case against them for violation of rules 4, 12 and 14 ..... so they do not commit any forest offence inasmuch as such leaves are not collected in or brought from the forest. ..... before the court that she had taken ample precautionary measure by initiating police action and also deposed that neither she nor the driver had directly or indirectly violated the rules of forest department or are involved in committing any forest offence.9. ..... for better appreciation of the points involved in this case, sections 2(g)(i) and 2(g)(ii) of the act are set out as below:section-2(g): 'forest produce' includes-(i) the following whether found in, or brought from a forest or not, that is to say-(a) timber, charcoal, caoutchouc, catchu, wood-oil, resin, nature varnish, bark, tussar cocoon, lac, gums, roots of patal garuda, mahua flower, mahua seeds, myrabolans, kendu leaves, sandal ..... who collects sal leaves which are found outside the forest and does not bring leaves from the forest does not commit any offence.the obvious intention of the definition clause under 2(g)(ii) is that leaves which fall inside the forest cannot be taken out of the forest, as that would deplete the forest. ..... in his evidence admitted the commission of offence and stated that he asked the driver to load the vehicle against the driver's wish and he was unaware of the rules and regulations of the forest department for which the vehicle was seized. .....
Tag this Judgment!Court : Orissa
Reported in : 70(1990)CLT613; 1992CriLJ1302
..... fact that the amendment made to the forest act curtailed the power conferred on the magistrate to direct confiscation of timber or forest produce upon conviction of the accused, but conferment of such power of confiscation on the authorised officer under the forest act on his being satisfied that a forest offence has been committed in respect of a forest produce is not dependent upon whether a criminal prosecution for the forest offence has been launched against the offender or ..... not and the proceeding for confiscation was considered to be separate and district than that of a trial before the court for commission of the offence and the supreme court held such a ..... ' connotes that there must be justifiable ground for the seizing officer on which he can reasonably believe that a forest offence has been committed in respect of any forest produce and it is in respect of those seizures made the power of confiscation would be exercised under sub-section ..... officer who can seize only when he has reason to believe that a forest offence has been committed and the satisfaction of the authorised officer before confiscation that a forest offence has been committed, are sufficient guidelines for exercise of power of confiscation. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR276
..... it was next contended that the vehicle in question was used in the commission of the forest offence without the knowledge and connivance of the petitioner and his driver and, therefore, the vehicle should not have been ordered to ..... , skins, tusks, horns, bones and all other parts or produce of wild life ; and(c) such other produce as may be notified by the state government ; and(ii) the following when found in or brought from a forest, that is to say-(a) trees and leaves, flowers and fruits and all other pasts or produce o1 tree not hereinbefore mentioned ;(b) plants not being trees (including grass, creepers, reeds and moss) and all parts ..... recorded by the authorised officer and the learned district judge are supported by credible evidence, we wilt have to proceed on the basis that the vehicle in question was used in commission of the forest offence to the knowledge of the petitioner and his driver. ..... the forest officials, there- fore, seized the said truck along with the forest produce on a reasonable belief that in respect of the aforesaid forest produce, a forest offence has ..... is contended by the learned counsel for the petitioner is that bamboos cannot be regarded as forest produce, and, therefore, the order passed by the authorised officer should be regarded as ..... the petitioner before the authorised officer was that he had not authorised the driver to utilise his truck for such an act and that the forest produce was being transported in the truck without his knowledge and consent. .....
Tag this Judgment!Court : Orissa
Reported in : 2007CriLJ3008
..... krishnan 2000 cri lj 3971 (supra) as well as in the case of section forest officer : air2004sc1251 (supra) the apex court had the occasion to observe that vehicle seized for committing forest offence was not normally to be released to the party till culmination of all proceedings in respect of the said offence as liberal approach in the matter would perpetuate the commission of the more offences with respect to the forest and its produce which, if not protected is bound to affect the mother earth ..... it can be gathered from the observation of the apex court that in the face of the pendency of a confiscation proceeding related to forest offence, the concerned authorities as well as the criminal court and high court should be reluctant to release the vehicle in interim custody as that would be against the interest of the environment and society.9. ..... from the above noted judicial pronouncements one can gather that in case of seizure of vehicle involved in a forest offence by forest official the criminal court would have no jurisdiction to release the vehicle in exercise of power under section 457, cr.p.c. ..... in that matter this court ruled that when a vehicle is seized by the police officer in connection with the commission of forest offence and the seized vehicle and the forest produce involved are handed over to the forest authorities, the magistrate will have no jurisdiction to exercise his power under section 457, cr.p.c. .....
Tag this Judgment!Court : Orissa
Reported in : 1994CriLJ963; 1993(II)OLR295
..... baripada division initiated the confiscation proceeding and came to the conclusion that the ambassador car bearing registration number oru 7621 having abetted the commission of forest offence under section 85 of the orissa forest act, as it was escorting the truck carrying peasal and kaima timbers without any valid transit permit, the truck as well as the car is liable for confiscation and accordingly passed the order of confiscation of the ..... there was no permission of the competent authority under the provisions of the orissa timber and other forest produce transit ruies, and since the forester formed the opinion that forest offence has been committed as rules 4, 12 and 21 of the rules have been violated and there has been abetment of the commission of forest offence under section 85 of the orissa forest act, he seized both the vehicles together with the timbers which were being transported in the truck ..... the learned counsel for the petitioner contends that the car in question not having been found to be used for the commission of any forest offence, the provision of section 66 of the orissa forest act cannot be made applicable and, therefore, no order of confiscation could have been passed in relation to the said car in question. .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT179
..... -- in this act, unless the countext otherwise requires--xx xx x(e) forest offence means an offence punishable under this act or under the rules and includes the abetment of a forest offence;xx xx x(g) forest produce includes--(i) the following whether found in or brought from a forest or not, that is to say--(a) timber, charcoal, cauoutchouc catechu, wood-oil, resine, natural varnish, bark, tussar cocoon, lac, gums ..... view the definition of 'forest produce' in section 2(g) of the act, read with the provisions contained in rules 4 and 5 of the orissa timber and other forest produce transit rules, 1980(for short 'the rules, 1980'), it can safely be concluded that bamboo is a forest produce when it is found in or brought from a forest and transportation of such bamboo without valid transit permit amounts to 'forest offence' within the meaning ..... are guilty of the offence under sections 45 and 85 of the act and that there are sufficient materials to prove that the vehicle in question was used in commission of the said forest offence with full knowledge or connivance ..... behalf by notification (hereinafter referred to as the 'authorised officer') or 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 .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori119; [2008(4)JCR183]; 2008(I)OLR796; 2008(5)AIRKarR55(FB).
..... on the other hand the vehicle having been found indulged in forest offences was made subject matter of a confiscation proceeding and, therefore, the procedure followed for confiscation of the vehicle and for its sale is punitive in nature and not with a view to give benefit to anybody including ..... doing that it amounts to grant 'premium to the pick-pockets' in as much as, by making payment of the confiscation amount in favour of the o.s.f.c, the loan burden of the accused of the forest offence is reduced to the extent of the sale proceeds of the vehicle. ..... towards discharge of the loan account of the accused of a forest offence, it would lead to a system to reward him by repayment of his ..... it does not become a penalty nor the action becomes punitive, but it remains as a reward to the accused of forest offence. ..... the other hand, a confiscation proceeding under the act, 1972 is punitive in nature for commission of a forest offence. ..... the dispute, is whether the authorities under section 56 of the orissa forest act, 1972 (in short 'act 1972') are obliged to release the vehicle from the confiscation proceeding or to pay the sale proceeds of the vehicle after the order of confiscation in favour of orissa state financial corporation (in ..... first charge over the financed vehicle on the basis of financing the loan and the hire purchase agreement, it has a stake on the sale proceeds and that should be in preference to the forest department even if they initiated a confiscation proceeding. mr. a.k. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT482; 2008CriLJ4271
..... 1980 rules which has been quoted hereinabove clearly requires that when a forest offence is detected a preliminary enquiry is required to be carried out by the forester who thereafter is required to submit his enquiry report along with the report ..... after his preliminary enquiry is completed:provided that no enquiry may be held by any such officer if the accused who has committed a forest offence other than an offence under section 66 or section 67 of the act agrees, and files a petition to that effect in form no. ..... is clear that onus is cast upon the owner of the vehicle to prove that his vehicle had not been used for commission of the forest offence neither with his knowledge or connivance nor with the knowledge or connivance of the agent (driver). ..... is that the confiscation proceeding as well as the appellate order stand vitiated since the statutory enquiry contemplated under rule-4 of the orissa forest (detection, enquiry and disposal of forest offence) rules, 1980 (in short '1980 rules') has not been complied with. ..... requires the range officer to 'conduct an enquiry into the forest offence' and upon completion of his enquiry the range officer is required to furnish his enquiry report along with the case record before the divisional forest officer (authorized officer).8. ..... rao, further submitted that the forest offence was committed with the knowledge of the owner of the vehicle and its driver and showing a revenue receipt in favor of a contractor namely, rajendra prasad mohanty is .....
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