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Bhagwandas Vs. Government of Maharashtra and Others

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. .....

Namdeo S/O. Narayan Dekate Vs. State of Maharashtra and anr.

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. .....

Mangal S/O. Balasaheb Deshmane Vs. the State of Maharashtra and Distri ...

Court : Mumbai

Reported in : (2008)110BOMLR2814

..... forest officers of forest-produce when forest-offence is ..... section 52 shall, without any unreasonable delay, produce it, together with all tools, boats, vehicles and cattle used in committing such offence, before an officer authorised by the state government in this behalf by notification in the official gazette, not being an officer below the rank of an assistant conservator of forests. ..... the owner of the tool, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying the timber, sandalwood, firewood, charcoal or any other notified forest-produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, boat, vehicle or cattle and that each of them ..... made under section 61-a if the owner thereof proves to the satisfaction of the authorised officer that it was used in carrying the timber, sandalwood, firewood, charcoal or any other notified forest-produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, boat, vehicle or cattle and that each of them ..... :i further say and submit that, it is correct to say that initially the said vehicle was seized by the police authorities by following due procedure of law and thereby the range forest officer, ahmednagar, passed an order of confiscation of the seized vehicle by giving notice and proper opportunity of being heard to the petitioner.it could thus be seen that in the reply .....

State of Maharashtra Vs. Anwar NizamuddIn Shaikh

Court : Mumbai

Reported in : 2008(5)MhLj847

..... empowers the forest officers to confiscate the forest produce when a forest offence is believed ..... owner has decided, for reasons best known to him not to prove, as required under section 61b, that he had no knowledge of the fact that notified forest produce was being carried in the tempo owned by him or that he had taken reasonable and necessary precautions against such use of the vehicle.10. ..... in the statement of the driver recorded on 11-3-1999 at the enquiry held under section 61a of the indian forest act, the driver has reiterated his earlier statement that the rate of hire charges were fixed between the respondent ..... that the onus is on the owner to prove that the tempo was used for transporting the forest produce without his knowledge or connivance which, she submits, the respondent in this case has failed ..... not be vicariously liable, under section 61b(2) the owner has to discharge the burden cast on him of proving that the vehicle was used to ferry the notified forest produce without his knowledge or connivance or that he had taken all reasonable precautions against such use.7. ..... wherein this court has considered that the owner of the vehicle in which smuggled forest produce was being carted was vicariously liable for the misdemeanours and offences of his servant i.e. ..... for offences under section 26f, 41(2) and 52 of the indian forest act against ..... the evidence on record prove the complicity of the owner of the vehicle in committing the offences punishable under the indian forest act. .....

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... respect of any tract of land, it shall not be lawful for the owner of such tract of land or any other person to do therein, except with the previous permission in writing of the divisional forest officer, any of the following things; for a period of one year from the date of such publication, or till the date of the publication of the notification under sub-section (5), or as the case ..... settlement, grant, agreement, usage, custom or any decree or order of any court, tribunal or authority or any other document with effect on and from the appointed day, all private forests in the state shall stand acquired and vest, free from all encumbrances, in and shall be deemed to be, with all rights in or over the same or appertaining thereto, the ..... section (1) should not be made, may require 'that for any period not exceeding (one year) or till the date of the making of a notification, whichever is earlier the owner of such forest and all persons who are entitled or permitted to do therein any or all of the things specified in clause (i) of subsection (1) whether by reason of any right, title or interest or under ..... section (1)nor shall any work be begun under sub-section (2) until after the issue (by an officer authorised by the state government in that behalf) of a notice to the owner of such forest calling on him to show cause within a reasonable period to be specified in such notice why such notification should not be made or work constructed as the case may be and until his ..... forest offences .....

Ghatge Patil Transport Limited, a Company Incorporated Under the Provi ...

Court : Mumbai

Reported in : 2008(1)ALLMR497

..... 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.the facts of the case in hand are almost similar to those of k.krishnans ..... 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 a reason to believe that 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 reasonably be necessary examination of the contents ..... 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. ..... any) in which it is contained, a mark indicating that the same has been so seized and 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 report .....

Sardarkhan S/O Khalilkhan Pathan Vs. Range Forest Officer and ors.

Court : Mumbai

Reported in : 2006(1)MhLj606

..... in this case, the authorised officer was satisfied that a forest offence had been committed and that the tractor and trolley had been used in committing such offence. 16. ..... they were seized by him and a forest offence was registered. ..... the condition precedent for initiating the confiscation proceedings is commission of the forest offence. ..... persons considered by the authorised officer in this case would be at the best akin to admissions or former statements of witnesses, which would suggest an inference as to a fact in issue or relevant fact, namely, use of the tractor and trolley in commission of a forest offence. ..... therefore, according to the respondents, there was enough material before the authorised officer to conclude that the tractor and trolley had been used in commission of a forest offence. ..... the learned counsel for the petitioner submitted that the consequences of relying on such statements would be giving freedom to the forest officers to concoct any statement they please and say that it was a statement made by the person concerned. ..... from complying with the principles of natural justice, the authorised officer has also complied with the requirements of sections 61-a to 61-g of the forest act by giving full opportunity to the petitioner after supplying the petitioner all the relevant material. ..... statements recorded by the forest officer do not fall in the category of 'confession', since a confession could be made only by a person, who is accused of an offence confessing to his crime. .....

Ashok S/O Jiwanmal Gidwani and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(1)MhLj561

..... officer himself seizes 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 and if he is satisfied that a forest-offence has been committed in respect of such forest 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, ..... under section 61-a if the owner of the tool, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying the timber, sandalwood, firewood, charcoal or any other notified forest-produce without the knowledge or connivance of the owner himself, his agent, if any and the person in charge of the tool, boat, vehicle or cattle and that each of them had taken all reasonable and necessary ..... be disputed for the purpose of this petition that seizure of sandal wood in the vehicle belonging to the petitioners is sufficient to indicate that a forest-offence has been committed. ..... meshram has never been involved in any offence, muchless a forest-offence. ..... were caught and masters escaped that the salutary provision in the form of section 55 of the act had been introduced so that not only all produce in respect of which the offence has been committed may be seized and confiscated but also tools, boats, carts or cattle used in the commission of any such .....

J. Ravindranath J. Suryamarayama Vs. State of Maharashtra

Court : Mumbai

Reported in : 2005(1)MhLj129

..... (g) on the face of lack of prior permission as contemplated by section 2 of the forest (conservation) act, 1980, the wcl-employer- company of the applicants continued to run the mining activities and it is in this background that the forest offence came to be registered.5. ..... (iii) the coal bearing act and law relating to mining have got overriding effect, and in any eventuality, no illegality was committed by the applicants and no offence was committed by them,(iv) in order to substantiate that no illegality was committed and that the applicants are entitled for being released on anticipatory bail, and as to conditions as regards bail, and need or otherwise of custodial interrogation, reliance is ..... however, as narrated earlier, parties are concurrent on the point that when first mining lease of two years was granted, it was with prior permission of the central government as provided under section 2 of the forest (conservation) act, 1980 and that fresh permission is now sought for, but is pending decision and has not yet been granted. ..... the range forest officer (protection), chandrapur has registered an offence punishable under section 26(l)(g) of the indian forest act against the present applicants being por no. ..... after having regard to the facts which are having no controversy between the parlies, and having regard to admitted position that prior permission under section 2 of the forest (conservation) act having not secured thereby prima facie an offence has been committed. .....

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 .....