Court : Mumbai Nagpur
..... facie, a forest offence appeared to have been committed in respect of the forest produce, the respondent had rightly initiated the action under section 61-a of the indian forest act. ..... gave a complaint on 17/05/2005 that the wood cut down from khasra was burnt out and he annexed a list of residual material along with the firewood and requested the range forest officer to dispose of the case stating that the residual material was 1140 teak wood and q.meter 25.383 and firewood stock was 2x1x1= 6.12 q. ..... 50 of 2005 was held, during which deceased shankar had raised complaint with the forest officials against the petitioner herein that he (namdev) had obtained signature of shankar under the false pretext and he is forcibly cutting ..... submitted that, after the due process of measurement of the field by tilr of seloo on 19/12/2000, in presence of forest officials, the trees were cut from the land survey no. ..... 70 after the demarcation done by the forest officers and after the permission was granted on 21/04/2004 by the ..... found that illegal cutting of trees was done from the protected area of the forest attracting section 61 of the indian forest act as the petitioner under the garb of the permission from the tree officer illegally cut the other trees in the protected forest area.4. ..... 70 at garamsur had applied to range forest officer and sought permission to cut 860 teak wood trees from his ..... 2007 and the order dated 27/08/2007 passed by the deputy conservator of forest, district wardha in enquiry no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... he has also invited attention to findings recorded therein to urge that those findings conclusively established that there could not have been any reason to believe commission of any forest offence by petitioner on 17.8.1996 and hence recourse to provision of section 52 of 1927 act or then consequential action u/s 61-a (maharashtra amendment act) is, therefore, without jurisdiction and misconceived ..... sudhakar and others (supra) shows that an effort was made by the respondent-accused of commission of forest offence to stall confiscation proceeding till disposal of criminal case pending against him before the court of metropolitan magistrate ..... he submits that vertical saw machine with 42 inches was idle and not used in any forest offence and only one saw mill (39") was in working condition and as such 42" saw mill or machine not in use could not have been seized or ..... is in this background that hon'ble apex court, in paragraph 12, has considered this aspect and found that prosecution for forest offence and proceeding for seizure u/s 52 or then for confiscation u/s 61-a are independent of each other. ..... the same are produced before authorized officer, after issuing show cause notice as enjoined u/s 61-b of the act and affording opportunity to person interested of being heard in the matter and upon being satisfied that forest offence has been committed with respect to said property and tools were used for committing the said forest offence, authorised officer can confiscate that material. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 1547 of 1997 whereby the respondents/accused were acquitted of the offences punishable under section 26 (i) (d),(f), (g) of the indian forest act, 1927 read with rules 3, 17, 23 and 25 of the bombay transit of forest produce (vidarbha region, saurashtra and kutch areas) rules 1960. 2 ..... learned counsel for the appellant made an attempt to convince me that the statement, confessional in nature from the accused to the forest officer, not being the police officer ought to have been accepted as acceptable and reliable evidence to nail the accused in this case ..... the trial court rightly granted benefit of doubt to the respondents and under the above circumstances, recorded the order of acquittal, as no offences, as alleged, were proved against the accused beyond reasonable doubts. 6. ..... there has to be an admission of all substantial facts constituting the offence, not affected by any threat, inducement, promise etc. ..... he stated regarding having received information from the forest guard godane, with whom and the round officer, he went to tandulwani village ..... it is argued that the presumption under section 69 of the indian forest act, 1927 was not rebutted by the accused. ..... panchas were employees of the forest department and were interested witnesses. ..... sukhdeo (pw2) and the range forest officer supported the testimony of purushottam (pw1 ..... confiscation proceedings under section 61 a of the forest act started and the authorized officer has passed an order to confiscate the maroti van and the teak .....
Tag this Judgment!Court : Mumbai Nagpur
..... 1547 of 1997 whereby the respondents/accused were acquitted of the offences punishable under section 26 (i) (d),(f), (g) of the indian forest act, 1927 read with rules 3, 17, 23 and 25 of the bombay transit of forest produce (vidarbha region, saurashtra and kutch areas) rules 1960. 2 ..... learned counsel for the appellant made an attempt to convince me that the statement, confessional in nature from the accused to the forest officer, not being the police officer ought to have been accepted as acceptable and reliable evidence to nail the accused in this case ..... the trial court rightly granted benefit of doubt to the respondents and under the above circumstances, recorded the order of acquittal, as no offences, as alleged, were proved against the accused beyond reasonable doubts. 6. ..... there has to be an admission of all substantial facts constituting the offence, not affected by any threat, inducement, promise etc. ..... he stated regarding having received information from the forest guard godane, with whom and the round officer, he went to tandulwani village ..... it is argued that the presumption under section 69 of the indian forest act, 1927 was not rebutted by the accused. ..... panchas were employees of the forest department and were interested witnesses. ..... sukhdeo (pw2) and the range forest officer supported the testimony of purushottam (pw1 ..... confiscation proceedings under section 61 a of the forest act started and the authorized officer has passed an order to confiscate the maroti van and the teak .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned additional sessions judge-2, chandrapur by a reasoned order held that since the investigation prima facie indicated that the vehicle was used for commission of offence under the wile life (protection) act, 1972, the application was rightly rejected by the learned magistrate as the vehicle was likely to be forfeited under the provisions of section 51 of the wild life ( ..... article, trophy, (uncured trophy, meat, ivory imported into india or an article made from such ivory, any specified plant, or part of derivative thereof) in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the state government and that any licence or permit, held by such person under the provisions of this act, be cancelled. ..... 39(1) (d) of the 1972 act is concerned, it provides that every vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of the act shall be the property of the state government and in a certain situation, the property of the ..... for example, it confers powers of entry, search, arrest and detention on wild life and forest officers besides police officers who are normally entrusted with the responsibility of investigation and detection of offences; further sub-section (4) of section 51 expressly excludes application of section 360 of the code and the provisions of the probation of offenders act to persons eighteen .....
Tag this Judgment!Court : Mumbai Nagpur
..... it appears from the impugned order that the cognizance of the offence punishable under section 63 of the indian forest act was taken by the predecessor of the learned magistrate who has passed the impugned ..... there is discharge of the petitioners from the offence punishable under section 63 of the indian forest act, the chargesheet filed by the forest department will be beyond limitation period. ..... discharge under section 245(2) of the criminal procedure code, or any other provisions of the criminal procedure code and they are also at liberty to raise the issue of limitation in view of the fact that the offence punishable under section 33 of the indian forest act attracts only one year punishment. ..... if the respondent/forest department are unable to show that there was material for the offence punishable under section 63 of the indian forest act, the petitioners will be entitled for discharge under section 245(2) of the criminal ..... the substantive punishment for the offence punishable under section 63 of the indian forest act is three years. ..... stage, it may be noted here that the substantive punishment for the offence punishable under section 33 of the indian forest act is one year. ..... have been charge-sheeted by the forest department of amgaon range for the offences punishable under sections 33 and 63 of the indian forest act. ..... magistrate has not taken into consideration as to whether the material before him made out a case for the offence punishable under section 63 of the indian forest act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... co-accused sarju alias suraj bhan prima facie shows that when sarju as well as non-applicant were detained in jail at new delhi in another crime registered against them at delhi in respect of wild life offences, which is likely to be having some linkage with the present crime, sarju was threatened by the non-applicant that if he had not named non-applicant in the crime, non-applicant would have ensured ..... they prima facie show that the non-applicant was not only in constant touch with the other co-accused involved in connection with wild life offences, but the non-applicant also gave his active support by making available funds and also ensuring that the efforts of hunters do not go waste in the sense that hunters were ..... learned additional sessions judge appears to have got an impression that maximum punishment being of only 7 years of imprisonment, the offence has been alleged to be committed in respect of the tiger, a wild animal specified in schedule one and was committed in a national park, the offence was not so serious and, therefore, only two factors, namely, possibility of not being available for trial and thwarting the course of justice, if granted bail ..... settled law that the confessional statements made by the accused in forest or wild life offences are not hit by section 25 of the evidence act as a forest officer is not a police officer within the meaning of section ..... to be arrested by the state forest department in preliminary offence report (hereinafter referred to as, .....
Tag this Judgment!Court : Mumbai Nagpur
..... iv) the respondent nos.1 to 6 and 8 are convicted for offence under section 26(1)(d), (e) and (f) of the indian forest act, 1927 and are directed to pay fine of rs.500/- each within two months. ..... it is submitted that the accused have committed the offence under section 26(1)(d),(e) and (f) of the indian forest act, 1927 and are liable for punishment. ..... the cross-examination of shri mahendra kumar shukla (p.w.no.1) that there is a pathway from compartment no.257 to reach village khapri and to village malkapur and therefore, it cannot be said that the accused had entered the reserve forest area with intention of committing offence, as alleged by the prosecution. ..... after considering the evidence and other material on record, i am of the view that a finding has to be recorded that the respondent nos.1 to 8 have committed offence punishable under section 26(1)(d), (e) and (f) of the indian forest act, 1927. ..... similarly, as per section 26(1)(e) of the indian forest act, 1927 the person commits an offence if he causes any damage by cutting any timber in reserved forest. ..... section 26(1)(d) of the indian forest act, 1927 lays down that any person who has trespassed in the reserved forest, will be committing an offence. ..... the appellant has challenged the judgment passed by the learned magistrate acquitting the respondents of the offence punishable under section 21(1)(b), (e) and (f) of the indian forest act, 1927. 3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... quashing the proceedings against him was partly accepted by this court while disposing the criminal application (apl) no.659/2011, that this court had quashed the charge in so far as it related to the offence under section 13(1)(d) punishable under section 13(2) of the prevention of corruption act, 1988 and the prayer made by the applicant for quashing the charges relating to the ..... offences punishable under sections 120-b, 465, 468, 471 and 477-a of the indian penal code was not accepted and the special court was directed to proceed with the prosecution and therefore, it ..... it is submitted that the documentary evidence on record, on the basis of which the offences under sections 120-b, 465, 468, 471 and 477-a of the indian penal code are alleged against the applicant, does not show any endorsement of the applicant or his office and the quotations relating to transportation rates were addressed to range forest officer and those documents were not routed through the office of the applicant and it was ..... facts, prima-facie, show that the office of deputy conservator of forests, nagpur was connected with the work in which loss is caused to the government and at the time of commission of offence as alleged, undisputedly the applicant was holding the additional charge of the post of deputy conservator of forests, nagpur. 11. .....
Tag this Judgment!Court : Mumbai Nagpur
..... is being tried, as they had seen him, since he used to come for the work nearby; and,[b] by visiting jail, they had identified suresh meshram as the accused person who had committed offence, cannot simply go unnoticed, and when it is left unnoticed, it would amount to basing a judgment by conniving at crucial piece of evidence in the form of admission of eye-witnesses.28. ..... the accused was, therefore, held guilty by the sessions judge for offence punishable under section 302 of indian penal code, and sentenced for imprisonment of life ..... , at gawarkheda forest shiwar;[b] intentionally or knowingly causing her death;[c] hiding her dead body in shrubs on saldhara kaccha road with a view to cause disappearance of evidence; and,[d] committing above offence on the victim, who was a member of ..... appellant herein was tried for commission of offence punishable under sections 376, 302 and 201 of indian penal code, and section 3 (2) (v) of the scheduled castes & scheduled tribes (prevention of atrocities) act, for:- [a] committing ..... with pw 9 fulabai, his mother, to the forest for collecting fuel- wood and gum. ..... failed to lay hands on positive evidence of whatever worth to isolate and identify the appellant alone to be guilty of offence charged. ..... : pw 2 shamibai on : way to forest from : home, and as : told by these : witnesses, found ..... also know shamibai sister-in-law of meera.on the date of incident in the morning i, shamibai and one old woman went to collect gum in the forest.at about 11.00 a.m. .....
Tag this Judgment!