Court : Orissa
Reported in : AIR1963Ori24; 29(1963)CLT76
..... section 52(1) authorises the seizure of any forest produce in respect of which a forest offence has been committed. ..... that the word 'other' must be given an ejusdem generis construction and that the transit of only such forest produce as is analogous to 'timber' could be regulated by government in exercise of the rule making powers conferred under this section.this argument must be rejected because once, the interpretation clause has given a definition for the expression 'forest produce' and the expression 'timber' has also been defined separately the question of applying the ejusdem ..... das are as follows:(i) a careful scrutiny of the various provisions of the indian forest act would show that the provisions of the act dealing with forest produce are applicable only to such forest produce as is collected from government lands or forests and not from the lands of private parties; and (ii) in any case such interference with private ownership of property would offend article 19 of the constitution and also article 301 of the constitution. 2. ..... emperor, air 1939 lah 469 is also distinguishable because there the accused was convicted of the offence of theft; it is obvious that no one can be convicted of the offence of theft if he was himself the owner in possession of the article alleged to have been stolen.8. .....
Tag this Judgment!Court : Orissa
Reported in : 2012CrLJ2160
..... that the confiscation proceeding is distinct from trial before court and the power of the confiscation conferred on authorised officer was not dependent upon whether a criminal prosecution for commission of the forest offence has been launched against the offender or not. ..... apex court was dealing with the power of the authorised officer given by the andhra pradesh forest act to confiscate goods in relation to which a forest offence had been committed. ..... government, on the basis of prima-facie evidence, have reasons to believe that any person, who held high public or political office has committed the offence, the state government may, whether or not the special court has taken cognizance of the offence, authorize the public prosecutor for making an application to the authorized officer for confiscation under this act of the money and other property, which the ..... deals with application of the provisions of the code for investigation, enquiry and trial of cases involving offence under indian penal code and other laws and section 6 deals with classes of criminal courts under the ..... is thus apparent from section 4 that the provisions of the code of criminal procedure are applicable when an offence under the indian penal code or under any other law is being investigated, enquired into, tried or otherwise ..... refers to the court, which enquires into, tries or otherwise deals with the offence under the indian penal code or under any other law in accordance with the provisions and procedures of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori220
..... department had informed all collectors, chief conservator of forests, additional chief conservator of forests (kendu leaf), all conservators of forests and ail divisional forest officers that if a truck or other mechanised vehicle is caught in connection with any forest offence, an immediate intimation should be sent to the regional transport officer and regional transport authority giving the registration number of the vehicle, name of the driver and his driving licence number and relevant section ..... alleged to havebeen involved in the commission of a forest offence and a proceeding has been started against the petitioner. ..... in their counter have stated that the petitioner is involved in the commission of forest offence. ..... has been prevented from carrying on lawful business even though it has not been finally adjudged that he has been involved in any forest offence. ..... 2 has no authority to write to the other divisional forest officers as mentioned in annexure 1 not to engage the truck oru 6829 for transportation of any forest produce in their divisions till the finalisation of the the case (which is pending and the petitioner has not yet been ..... 1) is merely a request to the concerned divisional forest officers not to engage the truck oru 6829. ..... case is that after annexure 1 was issued to the divisional forest officers, he has been prevented from carrying on any forest contract work and also is facing difficulties in transporting forest materials and other articles through forest roads. .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR701
..... 5 of 2000 refusing to release a vehicle seized in connection with alleged commission of a forest offence.2. ..... on the relevant date the said jeep was given on hire for carrying passengers, but then on its way the same was searched by forest officials and it was found that teak planks were being transported in it without permission of the concerned authorities. ..... the forester of patialpara section seized the said vehicle and forwarded the accused persons implicated in commission of offence under section 56 of the orissa forest act. ..... in view of the fact that in the meanwhile the confiscation proceeding has come to an end and an authority under the forest act has directed confiscation of the vehicle, no order under section 457 cr.p.c. ..... it was further submitted that a confiscation proceeding under section 56 of the orissa forest act was initiated and the authorised officer-cum-assistant conservator of forests, khariar by a well-discussed order directed that the jeep along with the fifty-five pieces of teak planks be confiscated to the state as per section 56 and 59 of the orissa forest act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1977Ori187; 43(1977)CLT316
..... there is no warrant for the view expressed toy the high court that in considering whether a public officer is guilty of the misconduct charged against him, the rule followed in criminal trials that an offence is not established unless proved by evidence beyond reasonable doubt to the satisfaction of the court, must be applied, and if that rule be not applied, the high court in a petition under article 226 of the ..... the petitioner submitted his explanation by way of a representation against the said charges and after the said charges were approved by the chief conservator of forests, the matter was referred to the tribunal for holding an enquiry on the said charges, and the tribunal proceeded to hold the enquiry only in respect ..... of misappropriating certain amounts out of the money collected by him as compounding fees in respect of some forest offences. ..... above, the charges had been served earlier on the petitioner; the same charges after being approved by the chief conservator of forests were referred to the tribunal and the enquiry against the petitioner proceeded only on the selfsame charges. ..... the petitioner at the relevant time was working directly under the divisional forest officer who drew up the charges, and so the said divisional forest officer was actually the person who was well acquainted with the affairs ..... on the detection of illicit removal of timbers from the said reserve forest, the petitioner compounded the said offence with the persons accused of the said offence for rs. .....
Tag this Judgment!Court : Orissa
Reported in : II(2005)ACC695; 2006ACJ1428; [2005(105)FLR47]; 2005(I)OLR137
..... is, therefore, clear that the deceased was engaged in preventing commission of forest offences and while on duty he was killed by the offenders. ..... 25.4.1999 morning while he along with forester jayakrishna garnaik were returning to range office in a motorcycle, he was assaulted to death by a group of people involved in commission of forest offences. ..... of 2003 has been filed by the present appellants.learned counsel for the state appearing for the appellants challenged the award basically on two grounds : (1) the deceased on the date of occurrence was working as forest guard and as such is not a 'workman' as defined under the act and therefore no compensation could be allowed. ..... apart from the above, it was also contended that the deceased was working as forest guard and thee is no material on record to show that he comes under the definition of 'workmen' under the amended provision and therefore the petition filed claiming compensation was not ..... 24.4.1999 the day before the date of occurrence while on duty he seized some timber from forest; thieves along with buffalos and kept the same in beat. ..... is also required to patrol the forest to prevent offences. ..... 25.4.1999 morning the apr force brought the seized articles to the range office and the deceased and forester jayakrishna garnaik followed the apr force by a motor-cycle. ..... reported in 1996 (i) olr 183 has taken a view that a forest guard depending upon the nature of job discharged by him can be brought within the definition of .....
Tag this Judgment!Court : Orissa
Reported in : 1990CriLJ2714
..... if there is any truth in the said statement, he would have enquired subsequently whether any case was initiated against him for having committed any forest offence. ..... in the result, i find the accused-appellant biswanath dalabehera not guilty of the offences under sections 5(1)(c) and 5(1)(d) read with section 5(2) of the prevention of corruption act and so i acquit him of both the charges and the order of conviction and sentence passed thereunder by the trial court against the accused is ..... 1 shows that about 7 years back in the month of jestha the accused came to his village and charging him that he had committed theft of logs from the forest without permit, threatened to seize the logs and told him to pay a penalty of rs. ..... the prosecution case may be briefly stated as follows: accused was the forester of mahulpali section within bamra forest division of sambalpur district during the period from 1972 to 1977. ..... 1 and 2 that they had committed theft of logs from the forest and so forest cases would be initiated against them. ..... but curiously enough none of the forest guards was examined in the case. ..... 1 stated that mahulpali section was under bamra rage circle and the accused was the forester of mahulpali section in june, 1976. ..... 1 and 2 and the forest department, but peculiarly enough none of them have complained against the accused at any time ..... the alleged offence was said to have been committed by the accused on 22-6-1976 ..... the accused served as a forester during the period from 1972 to 1977 .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT1003; 1994(II)OLR573
..... the impugned order, we are of the opinion that the concerned officer has nowhere indicated the market value of the forest produce in respect of which the alleged forest offence can be said to have been committed so as to levy the demand in question in accordance with section 72(1)(iii) - of the orissa forest act. ..... to the petitioner, the petitioner had never submitted any map and he had merely requested the authorities to grant him timber transit permit after proper verification and the forest authorities after due checking of the area with the revenue authorities, allowed demarcation and then permitted the petitioner to cut and fell the trees. ..... the learned additional government advocate appearing for the state, on the other hand, contends that the earlier order of the forest authorities having been passed on the basis of an incorrect mao submitted by the petitioner, the moment the authorities came to know of the same, they are entitled to rectify their ..... petitioner contends that the petitioner having cut and felled the timbers on being shown by the forest authorities after all the formalities required under the rules having been observed, the forest authorities are not entitled to levy any penalty or compensation for alleged illegal felling of the ..... is that after he purchased the disputed trees from the raiyats in april, 1980, he approached the divisional forest officer requesting him to have a joint verification which is necessary prior to issue of timber transit permit. .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT261
..... 10,000/- and since it is a question of imposing fine, the price, therefore, should be doubled so that in future the petitioner would not indulge in commission of any such forest offence and would be a lesson to others. ..... considering the statements of the owner of the vehicle and others, he held that it cannot be ruled out that the forest offence had been committed with the knowledge of the owner or her brother who had not taken sufficient precaution against involvement of the vehicle in commission of forest offence. ..... he also held that the involvement of the driver of commission of the forest offence has been proved. ..... authorised officer-cum-assistant conservator of forests, air 1992 orissa 287 held that in a given case fine can be imposed in lieu of confiscation of the vehicle by taking into account the price of the timber illegally transported, learned additional government advocate submitted that ..... on 21.1.2001 maruti van bearing registration number or-05-d-2600 was intercepted by the forest officials at padampur chhak. .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR130
..... in our opinion, the divisional forest officer had no authority and exceeded his jurisdiction in giving a direction that some persons because of their alleged involvement in certain forest offence might not be engaged as transport contractor. ..... hence they may not be engaged as transport contractors for carrying any forest materials for any purpose any where.1. ..... the divisional forest officer, baliguda, forest division, informed the husband of the petitioner that a ban had been imposed on the truck bearing registration number oss 2021 for transportation of forest materials as per office memo no. ..... in a proceeding under section 56 of the orissa forest act, the vehicle bearing registration number oss 2021 was seised. ..... 'i like to inform you that the authorised officer, balliguda has pronounced his final orders in respect of offence case no. ..... the forest officers should remember that they can act within the authority vested in them by law. .....
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