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Govt. of A.P. Vs. Dinde Kanakamma and Another

Court : Andhra Pradesh

Reported in : 1998(5)ALD436; 1998(5)ALT171

..... . having thus reached the conclusion that (1) the authorised officer, appellate and revisional authorities are possessed of a discretionary power to direct release of the timber or forest produce seized even on reaching a finding of commission of forest offence, and (2) the power under subsections (2-ax (2-d) and (2-e) embraced within its scope the power to direct confiscation of only a portion of the property seized while releasing the rest, the next and final question is whether the ..... inferred that he has committed any forest offence, other than an offence under section 52 or section 55- (i) a sum of money not exceeding fifty rupees where such offence is of trivial nature; (ii) a sum of money which shall not in any case be less than the value of the, forest produce, or more than four times such value as estimated by such forest officer, in addition to the value of the forest produce, where such offence involves any forest produce which in the opinion of the forest officer may be released; (iii ..... allied to section 59, there are certain rules governing the subject of compounding of offences, rule 4 lays down that an enquiry into a forest offence shall be held by an officer not below the rank of a ranger.rule 5 lays down that every accused who expresses his willingness to have the offence compounded as provided in rule 4 shall forthwith give a written undertaking in that regard in form 'a'. .....

Kailash Chand and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1995MP1

..... there can be no conflict of jurisdiction between the authorised officer acting under sub-section 2-a of section 44 of the act to direct confiscation of the property seized under sub-section (1) on his being satisfied that a forest offence has been committed and the magistrate making an order for confiscation of the property so seized on confiscation of an accused for ..... --- where under any law for the time being in force,two or more courts have jurisdiction to try forest offence, then receipt ofintimation 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 allthe courts and the bar to ..... a report about the seizure to the authorised officer or where it isintended to launch criminal proceedings against the offender immediately,make a report of such seizure to the magistrate having jurisdiction to trythe offence on account of which the seizure has been made.provided that when the forest produce with respect to which suchoffence is believed to have been committed, is the property, of thegovernment, and the offender is unknown, it shall be sufficient if theofficer makes, as soon as may ..... it is, therefore, proposed in order to curb such malpractices that responsible forest officers should be invested with the power of confiscation of the property used in commission of forest offences, saving the provision of judicial review and without prejudice to the power of the magistrate .....

Jogender Singh and ors. Vs. State of Orissa and ors.

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. .....

State of West Bengal and ors. Vs. Sujit Kumar Rana

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. .....

Divisional Forest Officer and anr. Vs. G.V. Sudhakar Rao and ors.

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. .....

The State of Bihar and anr. Vs. Kedar Sao and anr.

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 .....

Bijay Krishna Sahay Vs. State of Bihar ors.

Court : Patna

..... inspection and search on the other hand section 52-d deals with 'any forest offence' such an offence may or may not be in respect of the forest produce under this section, any forest officer nor below the rank of range officer or any police officer not below the rank of sub-inspector can, 'if he had reasonable ground to believe' that forest offence has been committed, exercise any of the powers mentioned therein including the ..... confiscation of seized property only if it is proved on the basis of relevant evidence/material that the forest offence has been committed in respect thereof the illegality of search and seizure will have no bearing on the ..... in force may forest officer not below the rank of range officer of forest or any police officer not below the rank of a sub-inspector may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this act, enter upon, inspect and search any place premises, appurtenances thereto land, vehicle or boat and seize any illegal forest produce and all ..... officer, or where it is intended to launch criminal proceedings against the offender immediately, make a report of such seizure of 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 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 .....

Maqbool Ansari Vs. State of Bihar and anr.

Court : Patna

..... 1990.52 (1) when there is reason to believe 52 (1) when there is reason to believethat a forest offence of any forest produce, that a forest offence has been committedsuch produce together with all tools, in respect has been committed in boats, carts or cattle used in committing respect of any forest produce, such any such offence may be seized by any produce together with all tools, arms,forest officer or police officer. ..... --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 (1) of section 52 by one of the courts of magistrates having such jurisdiction shall be construed to be receipt of intimation under ..... force any forest officer not below the rank of range officer of forest or any police officer not below the rank of sub-inspector, may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this act, enter upon, inspect and search any place, premises, appurtenances thereto, land, vehicles or no at and seize any illegal forest produce and ..... production of the property so released, if any when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made.in section 52 of the bihar act any forest officer or police officer has been empowered to seize any forest produce together with all tools, arms, boats, vehicles, ropes, chains or any other articles used in committing any .....

Dilip Kumar Pandey Vs. State of Bihar and ors.

Court : Patna

..... of his servant or agent and that all reasonable and necessary precautions had been taken against use of the objects of aforesaid for commission of forest offence.from bare perusal of the aforesaid provision, it is clear that the legislature has not intended that a vehicle, which has been found us illegal transporting of forest produce and is seized by the authorized officer, the same should be released without being confiscated in lieu of paying fine to the extent of the ..... act 9 of 1990, which reads as follows:68(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 exist 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 with such person is suspected to have committed, and (b) when any property has been seized as liable for .....

Hem Kanta Talukdar Vs. Sunil Sutradhar and ors.

Court : Guwahati

..... of a report about seizure as the case may be, and after such personal inspection of verification as he may deem fit and necessary, is satisfied that a forest offence has been committed in respect thereof, he may by order in writing and for reasons to be recorded therein, confiscate the forest produce so seized together with all tools, vehicles, cattle, trucks, motorised boats, boats, carts, machineries rafts, vessels, ropes chains or any other implements or ..... section 49(1) shows that when there is reason to believe that a 'forest offence' has been committed in respect of any 'forest produce', then, a forest officer, not below the rank of a forester, is empowered to seize not only the 'forest produce', but also, amongst others, all the tools, the vehicle, ..... liable to confiscation (1) 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, motorized boats, vessels, cattle, carts, rafts, machinery, vehicles, trucks, ropes, chains or any other implements, articles or materials used in the commission of such offence may be seized by any forest officer not below the rank of a forester or any police officer not below the rank of a sub-inspector ..... of the vehicle, has miserably failed to show that he took all reasonable and due precaution to ensure that his vehicle was not used in the commission of any forest offence, the vehicle was liable to confiscation and had been correctly confiscated. .....