Court : Supreme Court of India
Reported in : (2000)10SCC618
..... reading of this sub-section it becomes clear that once it is found that a forest offence was committed in respect of forest produce belonging to the state government and the forest officer is satisfied that such offence was committed, he can order confiscation of the seized property together with all tools ..... that where the forest officer seizes the forest produce belonging to the state government or where the property is produced before the forest officer and he is satisfied that a forest offence was committed in respect thereof, he may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with, inter alia, the vehicle used in the commission of such an offence. ..... in para 15 of his judgment, however, took the view that since a forest offence was complete as soon as the muddamal charcoal was manufactured, it could not be said that the motor truck was used in committing the forest offence and in manufacture of the muddamal charcoal. ..... obstante clause and provides that notwithstanding anything contained in the provisions immediately preceding in that chapter or any other law for the time being in force, where a forest offence is believed to have been committed in respect of any forest produce belonging to the state government, the officers seizing the property shall without any unreasonable delay produce it, together with the vehicle used in the commission of such offence, before the forest officer. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1851; 2004(2)ALD(Cri)258; (2004)3CALLT55(SC); [2004(4)JCR137(SC)]; JT2004(5)SC157; 2004(1)SCALE641; (2004)4SCC129
..... the foregoing provisions of this chapter or in any other law for the time being in force, where a forest offence is believed to have been committed in respect of the timber or other forest produce which is the property of the state government, the forest officer or the police officer seizing the timber or other forest produce under sub-section (1) of section 52, shall, without any unreasonable delay, produce the same, together with ..... held :'on a fair reading of the provision it is clear that in a case where any timber or other forest produce which is the property of the state government is produced under sub-section (1) and an authorised officer is satisfied that a forest offence has been committed in respect of such property he may pass order of confiscation of the said property (forest produce) together with all tools, ropes, chains, boats, vehicles and cattle used in committing ..... . 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 ..... empowered in this behalf by the state government may try summarily, under the code of criminal procedure, 1898 (5 of 1898), any forest-offence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both.68. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344
..... court on that premise appears to have held that if there is any provision for confiscation of vehicle in the trade act, that would only apply for the reason that any violation in respect of transaction of specified forest produce can amount to offence only under the trade act and in respect of specified forest produce there cannot be a forest offence within the meaning of the forest act, 1027 so as to confer jurisdiction on an officer authorised under the said act to confiscate either specified ..... by the amendment act, 1980 mores comprehensive and stringent provisions by providing for enhanced and deterrent punishments to deal with the forest offences found to be rampant and on steep rise within the state providing its own class of officers to deal with such situations, the manner and procedure to be adopted in dealing with such offences and the nature, content and width of powers, they should be armed with to make it onerous and impossible for violators ..... --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 courts of magistrates having such jurisdiction shall be construed to be receipt of intimation under that provision by all the courts and the bar to exercise jurisdiction shall .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC221; 2002(1)ALT(Cri)185; 2002(1)AWC92(SC); JT2001(9)SC570; 2001(8)SCALE242; (2002)1SCC495
..... which is the property of the state government and the registered owner of band saw which has been used as cutting tools and used in commission of said forest offence, has failed to prove to my satisfaction that the same was not used without the knowledge or connivance of himself, or his agent or person in charge of the band saw and that he failed to prove that each of them ..... ratio of that decision seems to be that saw-mill or its machinery cannot be confiscated independently without reference to the forest produce belonging to the state government and without recording a finding that the forest offence has been committed in respect of such property of the state produced before the authorised officer. ..... section 59a(3) of the act reads as follows: 'where any timber or other forest produce which is the property of the state government is produced before an authorised officer under sub-section 1 and authorised officer is satisfied that a forest offence has been committed in respect of such property, he may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the property together with all tools, ropes, chains, boats, vehicles and cattle used in ..... the authorised officer under sub-section (2a) of section 44 of the act on his being satisfied that a forest offence had been committed in respect thereof, is not dependent upon whether a criminal prosecution for commission of a forest offence has been launched against the offender or not. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC294; 2005(1)ALD(Cri)398; 2004(52)BLJR2340; [2005(1)JCR1(SC)]; JT2004(10)SC349; 2005(1)KLT34(SC); 2004(10)SCALE174; (2005)10SCC437
..... provision reads as follows:'section 68 - power to compound offences: (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 clauses (c) and (d) to section 26, clauses (c) and (d) to section 33 or section 62 or section 63, sum of money by way of compensation for the offence which such person is suspected to have committed, and (b) ..... section 68 of the act reads as follows:'section 68 power to compound offences: (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 ..... authorized 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 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 .....
Tag this Judgment!Court : Supreme Court of India
..... , charcoal, firewood or ivory which is the property of the government, or where any such property is produced before an authorized officer under sub-section (1) of this section and he is satisfied that a forest offence has been committed in respect of such property, such authorized officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, ropes, chains, boats, vehicles and cattle used in committing such ..... by amendment act, 28 of 1975 shows that ivory is also included in respect of any forest offence under the act and under sub-section (2)thereof, the vehicle used for committing such offence is also liable to confiscation by the authorised officer.however, consequent to the amendment of expression forest produce in section 2(f) of the act, the claim of the state that even in the absence of ivory in the definition forest produce, in view of section 61a of the act, the authorities are entitled ..... inasmuch as seizure under section 52 of the 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 for the seizure and the order of confiscation of the aforesaid car is beyond the jurisdiction of the authorized officer.these aspects have .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC328; 1986CriLJ357; 1986(1)Crimes313(SC); 1985(2)SCALE897; (1985)4SCC573; [1985]3SCR680; [1985]Supp3SCR680
..... learned judge held that the amending act by sub-section (2a) of section 44 created the authorized officer to be the competent authority to direct confiscation of any timber or forest produce on his being satisfied that a forest offence has been committed in respect thereof, and the seized property having been produced by the forest officer before the authorized officer along with a report for confiscation under sub-section (2a) of section 44 of the act, the magistrate could not have ..... , provides:(2a) where an authorized officer seizes under sub-section (1) any timber or forest produce or where any such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest offence has been committed in respect thereof, he may order confiscation of the timber or forest produce so seized or produced together with all tools, ropes, chains, boats or vehicles used in committing such offence.sub-section (2b) enjoins that no order confiscating any property shall be made under ..... the precise question that falls for determination is whether where a forest officer makes a report of seizure of any timber or forest produce and produces the seized property along with a report under section 44(2) that he has reason to believe that a forest offence has been committed in respect of such timber or forest produce seized, can there simultaneously be proceedings for confiscation to government of such timber or forest produce and the implements etc. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2088; 2004(3)ALD134(SC); 2004CriLJ1832; JT2004(4)SC245; 2004(4)SCALE52; (2004)4SCC448
..... on the authorized officer under sub-section (2-a) of section 44 of the act on his being satisfied that a forest offence had been committed in respect thereof, is not dependent upon whether a criminal prosecution for commission of a forest offence has been launched against the offender or not. ..... the power of confiscation, exercisable under section 52 of the act, cannot be said to be in any manner dependant upon launching of criminal prosecution as it has nowhere been provided therein that the forest produce seized can be confiscated only after criminal prosecution is launched, but the condition precedent for initiating a confiscation proceeding is commission of forest offence, which, in the case on hand, is alleged to have been committed. ..... in the present case, the allegations are that by committing breach of rule 3 a forest offence within the meaning of section 2(3) of the act has been committed for which a criminal prosecution under rule 29 of the transit rules as well as a confiscation proceeding under section 52 of the act could be initiated ..... under section 52 of the act when a forest officer or a police has reasons to believe that a forest offence has been committed in respect of any forest produce, he may seize the same whereupon confiscation proceeding can be ..... if he is satisfied that a forest offence has been committed, irrespective of the fact whether the accused is facing a trial before a magistrate for the commission of a forest offence under section 20 or 29 of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1875; (SCSuppl)2002(4)CHN157; 2002CriLJ2565; 2002(2)Crimes228(SC); JT2002(4)SC255; 2002(3)SCALE706; (2002)9SCC90; [2002]3SCR162; 2002(2)LC855(SC)
..... ] and charcoal which is the property of the state government or any sandalwood or where any such property is produced before an authorized officer under sub-section (1) and he is satisfied that a forest offence has been committed in respect of such property, such authorized officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, ropes, chains, boats, vehicles and cattle used in committing such ..... or police officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonable be necessary to examine the contents in the vehicle and inspect ..... in certain cases - (1) notwithstanding anything contained in the foregoing provisions of this chapter, or in any other law where a forest offence is believed to have been committed in respect of timber, ivory, {gulmavu (machilus marantha) bark, dalchini bark, halmaddi (exudation of ailanthus malabaricum), canes} firewood and charcoal which is the property of the state government or in respect of sandalwood, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2729; 2000CriLJ3971; JT2000(9)SC356; 2000(5)SCALE611; (2000)7SCC80; [2000]Supp2SCR490; 2001(1)LC112(SC)
..... before passing an order for releasing the forest produce or the property used in the commission of the forest offence, the authorised officer or the appellate authority has to specify the reasons which justify such release, apparently, prima facie excluding the possibility of such forest produce or the property being confiscated ultimately. ..... 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 any forest offence are liable to forfeiture to the state government subject to the provisions of section 71g of the act. ..... we 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 released. ..... no party shall be under the impression that release of vehicle would be possible on easier terms, when such vehicle is al legged to have been involved in commission of a forest offence. ..... 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 it. .....
Tag this Judgment!