Court : Rajasthan
Reported in : 2001(3)WLC419; 2003(1)WLN255
..... ultimately passed by the excise commissioner or the officer authorised by the state government in this behalf or,(b) where an order passed on appeal under sub-section (5) so requires; or(c) where in a prosecution instituted for commission of offence under this act in respect of which an order of confiscation has been made under this section, the person concerned is acquitted,be paid, returned or refunded, as the case may be, to its owner:provided that no interest ..... officer, not below the rank of the district excise officer, as may be duly authorised by the state government in this behalf and whether or not a prosecution is instituted for commission of such an offence, the excise commissioner or the officer authorised in this behalf by the state government, having jurisdiction over the area where the said means of conveyance was seized, may, if satisfied that the said means ..... seized on the allegation that it was used for committing a forest offence, the same shall not normally be returned to a party, till the culmination of all proceedings in respect of such offence, including confiscatory proceedings, if any. ..... case of a forest offence, under the karnataka forest act, 1963 ..... , used in commission forest offence should not be released and that even if court is inclined to release the same, the authorised officer must specify reasons therefor and must ..... a casual approach and its order was contrary to law and the casual approach in respect of offences relating to forests, was deprecated.48. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986WLN(UC)71
..... act provides that when there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce together with all tools, boats, carts, trucks or any other vehicle or cattle used in committing any such offence may be seized by any forest officer or police officer not below the rank of a head ..... with consfication of the forest produce and it lays down that all timber or forest produce which is not the property of the state government and in respect of which a forest offence has been committed and all tools boats, carts, trucks and cattle used in committing any forest offence shall be liable to confiscation and such a confiscation may be in addition to any other punishment prescribed for such offence. ..... of section 2 of the act defines 'forest offence', which means an offence punishable under this act or under any rule ..... even if the forest produce is not the property of the state government, still it is liable to confiscation in respect of which it is alleged that a forest offence has been committed ..... provides that when in any proceedings taken under this act, or in consequence of anything done under this act a question arises as to whether any forest produce is the property of the state government, such produce shall be presumed to be the property of the state government until the contrary is proved ..... it actually relates to offences involving transport of forest produce by head loads, animal loads, cycle loads, bullock carts, any other animal driven .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN578
..... section 35 of the rajasthan forest act, 1953, deals with the confiscation of the carrier and provides that all timber or forest produce, which is not the property of the state government and in respect of which a forest offence has been committed and all the look bouts, carts, ..... forest offence shall be liable to confiscation and such confiscation may be in addition to any other punishment prescribed for such offence. ..... it has, also, been contended by the learned counsel for the petitioner that the value of the timber/forest produce regarding which the offence has been committed, in comparison to the price of the truck, was negligible and, therefore, no order for the confiscation of the truck ..... and the owner of the vehicle are two different persons and whether the owner of the vehicle had the knowledge that the vehicle would be used for transporting the forest produce/timber in contravention of the provisions of the act or the rules, he cannot be punished for the offence which be has not committed and the penalty of confiscation of the vehicle cannot be imposed upon him. ..... the conviction and sentence of accused hari ram for the offences under sections 41 and 42 of the act, the proceedings under section 55 of the rajasthan forest act, 1953 were, also, initiated for confiscation of ..... accused hari ram was submitted in the court of the munsif and judicial magistrate, first class, merta city, for the offences under sections 41 and 42 of the rajasthan forest act, 1953 (for short, 'the act'). .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989(2)WLN564
..... there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce together with all tools, boats, carts trucks, or any other vehicle, or cattle used in committing any such offence may be seized by any forest officer or police officer not below the ..... i had expressed in more than one cases that it is high time that the state government should consider for setting up a department for running the vehicles seized in various offences during the course of custody in the courts and should not permit them to be junk, the huge amount of the financing institutions is invested in these vehicles which are ..... of a rank not inferior to that of ranger who has seized vehicle under the aforesaid section 52 of the act may release the same:forest officer of a rank not inferior to that of a ranger who, or whose subordinate, has seized any tools, boats, carts, trucks or cattle under section 52, may release the same on the ..... intervened the commercial taxation officer who could legitimately take the truck and the wood to their office though it could be given on superdginama to the officers of the forest department because offence under the forest act was also committed and that was the beginning for the proceedings to be drawn by the forest officers. ..... the delivery of the property on superdginama to the petitioner, but the officers of the forest department challenged the jurisdiction of the criminal court for entertaining an application for delivering the same .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003CriLJ2954; RLW2003(4)Raj2641; 2003(4)WLC273
..... are of the considered view that when any vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not normally be returned to a party till the culmination of all the proceedings in respect of such offence, including confiscatory proceedings, if any. ..... , used in the commission of the forest offence, which are liable to forfeiture, should not be ..... the liberal approach in the matter would perpetuate the commission of more offences with respect to the forest and its produce which, if not protected, is surely to affect the mother-earth and the atmosphere surrounding ..... a bare perusal of these provisions goes to show that authorised forest officers may give any captive animal or wild animal for custody on the execution of a bond for the production of such animal if and when so ..... sub-section (1) may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made.'6. ..... that has been used for committing an offence and has been seized under the provisions of this act shall be the property of the state ..... after registration of the case for the offence punishable under section 51 of the act, 1972, this jeep alongwith fishes was ..... rnv 2235 was seized by the regional forest officer, mandrayal district, karauli, carrying fishes in violation of the wild life (protection) act, 1972, (in short 'the act .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj97; 2003(4)WLC187
..... , used in the commission of the forest offence, which are liable to forfeiture, should not be released. ..... on 4.1.2003 one shri ilias was found carrying stones by this tractor-trolley from the forest area and on preventing him by the forester, he along with others took away the tractor-trolley by using force.3. f.i.r. ..... krishnan (1), the hon'ble supreme court while dealing with the provisions of karnataka forest act, 1963 held that generally, any forest produce and the tools, boats, vehicles etc. ..... under sections 33, 41, 42 of the rajasthan forest act and under sections 353, 379 i.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(3)WLN589
..... 146/2007 police station, raisinghnagar, for the offence under sections 41,42 of the forest act whereby the trial court dismissed the application filed by the petitioner seeking to release the wood seized.4. ..... rule 3 of the rules, 1957 pertains to exemption from forest produce and provides that in exercise of the powers conferred under the proviso to rule 2 of the rules, 1957, the state government exempts transportation of forest produce of the following species for destination within the state of rajasthan; namely eucalyptus, su-babul, ardu, vilaiti babul, israeli babul, deshi babul and shisham.7. ..... 19.01.1991 has been issued by the state government which provides that certain woods have been exempted from being forest produce and shisham, kikar etc. ..... fall in that category and thus according to learned counsel for the petitioner, the wood seized was not a forest produce.6. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986WLN(UC)249
..... truck is not used for any illegal purpose and also that he would not allow the truck to be driven by the persons who had been driving it when on the three occasions it was seized for the offence under the forest act, the truck may be entrusted to the petitioner phoolsingh on his furnishing a bond of rs. ..... learned public prosecutor contested the petition on the ground that this truck had been seized thrice including in the present incident in this very year for the same offence i.e. ..... transporting wood from the forest. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989CriLJ742; 1988(1)WLN721; 1988(2)WLN179
..... facts in brief are that the regional forest officer, balotra filed a criminal complaint for offence under sections 26a, 41 and 42 of the rajasthan forest act against the respondent with the averments that while checking on july 2, 1985 at 4.00 a.m. ..... (3) in any case where any person under twenty-one years of age is found guilty of having committed an offence and the court by which he is found guilty declines to deal with him under section 3 or section 4 and passes against him any sentence of imprisonment with or without fine from which no appeal lies or is preferred, then notwithstanding ..... 1000/- to maintain peace and be of good behaviour for a period of one year under section 4(1) of the probation of offender's act, 1958 instead of sentencing him despite holding him guilty for the offence under sections 26-a, 41 and 42 of the rajasthan forest act.2. ..... mathur, learned public prosecutor that the offence was punishable with six months imprisonment and fine, but the additional chief judicial magistrate neither passed a sentence of the imprisonment against nor even imposed a fine upon the respondent. ..... rjc 1463 loaded with 25 quintals wet and dry wood which was found to have been taken and loaded from the reserved forest area without permit or transit pass. ..... 22, 1986, the respondent filed an application, pleading guilty to the charges framed against him for the said offences. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN185
..... in the case of roshan lal, the accused was convicted under section 26 of the rajasthan forest act and for the offence under section 26 of the rajasthan forest act, the minimum sentence of six months was required to be imposed. ..... from the reading of all these authorities on the point, it is, thus clear that merely because a minimum sentence has been provided for an offence, that itself will not amount the barring of the application of the provisions of the probation of offenders act. ..... but the learned sessions judge refused to grant the benefit of probation to the petitioner on the ground that a minimum sentence of six months' rigorous imprisonment has been provided for offence under section 25 of the indian arms act and, therefore, the benefit of probation cannot be given to him. ..... the petitioner was tried by the learned munsif and judicial magistrate, first class, bikaner, for offence under section 25 of the indian arms act. ..... accused is aged about 50 years; he is not a previous convict and the gun in question is a licensed gun of his brother the accused is repenting and wants to get himself reformed and there are no chances of his repeating the offence again. .....
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