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Shyamrao S/O Kewalram Kapgate and anr. Vs. State of Maharashtra and or ...

Court : Mumbai

Reported in : 2003(4)MhLj181

..... obviously, therefore, once a report is made by the seizing officer under section 52(2) proviso to the superior officer in relation to the forest produce or the property seized under the said provision of law, under the belief that the forest offence has been committed in relation to a forest produce, which is the property of the government, the authorised officer and the authorised officer alone under section 61a is empowered to make order as regards the custody, possession, delivery, ..... seizes under sub-section (1) of section 52 any timber or any other notified forest-produce which is the property of the state government or any such property is produced before an authorised officer under section (1) and he is satisfied that a forest-offence has been committed in respect of such property, such authorised 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 vehicle used in committing such ..... other provisions of chapter ix of the said act or any other law, where a forest-offence is believed to have been committed in respect of timber or any other notified forest-produce which is the property of the state government, the officer seizing the property under sub-section (1) of section 52 shall without any unreasonable delay produce it, together with vehicles used in committing such offences, before an officer authorised by the state government in that behalf by notification in the .....

Ayaz Ahmed Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1989KAR687; 1989(1)KarLJ454

..... any sandalwood or where any such property is produced before an authorised officer under sub-section (1) and he is satisfied that a forest offence has been committed in respect of such property, such authorised 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 ..... distinctive mark on the sandalwood pieces seized from a vehicle in which they were being smuggled out of the forest area and not the seizure of the vehicle as such and those cases arose out of criminal cases filed against persons who had committed the forest offence, whereas in the instant case the revision petition is filed against the order of the authorised officer ..... . it is further observed in the said decision that assuming that the statute which enjoins the magistrate to confiscate the vehicle used in the commission of the forest offence even when it is used without the knowledge or consent of the owner, is valid under article 19(1)(e) of the constitution and section 47 of the act enables the court ..... the stand taken by the petitioner is that he had no knowledge that his vehicle was being used for the commission of a forest offence and he had not connived at the commission of the said offence inasmuch as he had given his vehicle for hire to one amzad khan and driver raja on the after noon of 23-1-1985 for taking passengers of .....

Ramesh N. Dixit Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1985KAR2571

..... such property is produced before an authorised officer under sub-section (1) once he is satisfied that a forestoffence has been committed in respect of such property, such authorised 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 ..... it may be noted that in the course of his enquiry the authorised officer had raised the following points for consideration :(1) whether a forest offence has been committed in respect of timber and fire-wood, which is the property of the state government and the truck no. ..... . in the instant case, as stated above, the firstcontention of the counsel for the petitioner is that the basic requirement for confiscating the truck being the positive proof that it had been used to commit a forest offence and that itself is absent and therefore the vehicle was not liable for confiscation at all ..... officers 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, firewood and charcoal which is the property of the state government or in respect of sandal wood, the officer seizing the property under sub-section (1) of section 62 shall without .....

M. Sadhiqunnisa Begum and anr. Vs. Divisional Forest Officer, South Di ...

Court : Andhra Pradesh

Reported in : 1998(1)ALD175; 1998(2)ALT(Cri)586

..... few relevant provisions and statement of objects and reasons for which the act is enacted and with particular reference section 44 itself:'at present, under section 45 of the andhra pradesh forest act, 1967, until a court convicting a person for a forest offence orders confiscation of the timber or forest produce in respect of which offence was committed and any tool, boat vehicle other than a cart drawn by animals, vessel or other conveyance or any other article used in committing such ..... however, the allegation that the driver of the car has used the car for committing forest offence and he was escorting the lorry as alleged by the respondents and the seizure, according to the petitioners, is based on assumptions and prc-assumptions.3 ..... reddy, however, submits that any authorised officer is entitled to seize the vehicle which is used in the commission of a forest offence and it is not necessary that such vehicle should be actually 'carrying the property'. ..... of properly liable to confiscation and procedure thereupon :-- (1) where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber, or forest produce, together with tools, ropes, chains, boats, vehicles and cattle used in committing any such offence, may be seized by any forest officer or police officer. ..... section 2(e) of the act defines forest offence, which reads as under :' 'forest offence' means an offence punishable under this act or any rule made thereunder .....

State of U.P. and anr. Vs. Sri Ram Baboo Kesari and ors.

Court : Allahabad

Reported in : 1990CriLJ87

..... it runs as under :--'disposal, on conclusion of trial for forest offence, of produce in respect of which it was committed--'when the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed shall, if it is the property of government or has been confiscated be taken charge of by a forest officer, and, in any other case may be disposed of in such manner ..... that a seizure can be made only when there is reason to believe that a forest offence has been committed in respect of any forest produce 'reason to believe' places a lighter burden for proceeding to make seizure. ..... would suffice to say that kattha in question, with respect to which no specific forest offence is attached, was in possession of a partnership firm of which opposite party ram babu ..... (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. ..... mark indicating that the same has been so seized, and shall, as soon as may be, 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 be, a .....

Daitary Samantaray Vs. the Divisional Forest Officer, Baripada Divisio ...

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. .....

Moosakoya Vs. State of Kerala

Court : Kerala

Reported in : 2008CriLJ2388

..... 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 pf such offence, including confiscatory proceedings, if any.same view was again expressed by the supreme court in state of karnataka v. k.a ..... authorised 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. ..... 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 ..... 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 sections 20 or 29 of the act.in state of m.p. ..... used in the commission of the forest offence, which are liable to forfeiture, should not ..... : air2002sc221 held that power of confiscation of vehicle exercised by the forest officer is independent of any proceedings of prosecution initiated in respect of the forest offence committed. .....

State of Kerala and anr. Vs. P.V. Mathew (Dead) by Lrs.

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 .....

Manoj Kumar Sharma Vs. the State of Bihar and ors.

Court : Patna

..... his knowledge or connivance or as the case may be, without the knowledge or connivance of his servant of agent and that all reasonable and necessary precautions had been taken against use of the objects aforesaid for commission of forest offence'.generally speaking whoever seeks relief from an adjudicating authority on existence of a particular fact such person has to prove that fact but the legislature in its wisdom can alter this rule and put on the other ..... in the face of the aforesaid language there is no escape from the conclusion that once it is established that vehicle has been used in commission of forest offence, the onus shifts on the owner of the vehicle to establish that the vehicle was used without his knowledge or connivance or that of his servant and agent and also to establish that he had taken all reasonable ..... (1) the state government may, be 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 clause (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) when any property has been seized as liable for confiscation, to release the same on payment of the .....

Karna Laxman Gawali and Others Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : (1989)91BOMLR134; 1990CriLJ163; 1989MhLJ780

..... 52 any timber, sandalwood, firewood, charcoal or any other notified forest-produce which is the property of the state government or any such property is produced before an authorised officer under sub-section (1) and he is satistied that a forest-offence has been committed in respect of such property, such authorised 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, boats ..... anything contained in the foregoing provision of this chapter or any other law, where a forest offence is believed to have been committed in respect of timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of the state government, the officer seizing the property under ..... of the act relevant for the purposes of adjudication of the points involved may be made first.section 2(1) of the act defines the term 'cattle', section 2(3) the term 'forest-offence', section 2(6) the term 'timber' and section 2(7) the term 'tree'. ..... the owners of cattle, who generally do not commit such forest offences themselves and employ servants for the same. ..... after holding enquiry recorded a belief that forest offence of pasturing cattle and/or permitting cattle ..... specifically deals with the cattle trespass and no change is brought about in the said provision, it should be held that legislative intent was to exclude the forest offence of cattle trespass from the operation of s. .....