Judgment Search Results Home > Cases Phrase: indian forest act 1927 section 64 power to arrest without warrant Page 1 of about 938 results (0.220 seconds)

Anil Shet Gaonkar Vs. Abdulla Khan Karol and anr.

Court : Mumbai

Reported in : 1996(5)BomCR441

..... section 54 of the indian forest act gives power to a forest officer to arrest a person without a warrant ..... to book a case against the first respondent along with eight other persons suspecting them to have committed some offences under the indian forest act. ..... so also section 65 gives power to the forest officer to release on bond a person arrested and section 68 gives a forest officer power to compound ..... his argument, learned counsel for the petitioner submits that being a range forest officer, he is vested with the powers of seizure, arrest and release in respect of persons and property involved in the offence ..... discloses that the government servant alleged to have committed the offence and he is styled as an accused in the complaint, the magistrate without applying his mind has taken cognizance of the complaint which will definitely rope in the term of the abuses of the process of ..... took me through the provisions of the indian forest act, 1927 particularly sections 50, 52, 62, 64 and also 65 ..... his office and he further alleged that after attending his office the respondent warned him not to leave the office without allowing him to inform his family members and ultimately he alleges that he was released on 15-9-1991 at 10.00 a.m ..... petitioner alleging that the petitioner had called him to his office and made him to remain in his office unnecessarily for 24 hours without permitting him to go anywhere and thus alleged to have committed offences under sections 341, 342, 348 and 349 of i.p.c. .....

The State of Tripura Vs. Seshimohan Malakar and ors.

Court : Guwahati

..... f 913/viii-7, dated the 28th march, 1951, issued by the government of tripura gazette dated the 31st march, 1951, could exercise the power to arrest without a warrant under section 64 of the said act in certain cases : one of them is that the offence should be committed within a distance of 5 miles of tripura border as required by the said notification. ..... an offence punishable under section 42 of the indian forest act, 1927 has, therefore, been made out, we accordingly set aside the acquittal of all the respondents under section 42 of the indian forest act, 1927 and convict the respondents accordingly under the said section.7. ..... after distinguishing the earlier decision it was pointed out by the learned chief justice, on an interpretation of the expression 'forest produce', as used in the indian forest act, there was an implied power in the government to regulate the transit of timber even if it may not be the property of government we are in respectful agreement with the learned chief justice. ..... this is an appeal by the state of tripura against the acquittal of all the four respondents of offences punishable under section 42 of the indian forest act and of respondent no. .....

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

Court : Mumbai

Reported in : 2003(4)MhLj181

..... challenge the order passed by the authorised officer and confirmed by the additional sessions judge in relations to the tractor and trolley which was seized by the forest officer in exercise of powers under section 52 of the indian forest act, 1927 (hereinafter to be referred to as 'the act'). ..... once the petitioner was found transporting the forest produce without having in his possession the transit pass, the forest produce was naturally liable to be seized under section 52 read with section 41 of the said act and rule 3 of the said rules. ..... the decision are that on 22-4-1988 the vehicle of the petitioner driven by himself was intercepted near village kooba within the district of bhandara, by the patrolling party of the forest department and was found transporting firewood and four logs of teak wood through the trolley attached to the tractor without having any transit pass for transportation of the same and, therefore, under the reasonable belief that the same ..... state of maharashtra provides that notwithstanding anything contained in the 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 .....

KamaruddIn N. Shaikh Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 1996(4)BomCR209; (1996)98BOMLR159

..... in august 1975, the officer authorised by the state government served notice under sub-section (3) of section 35 of the indian forest act, 1927 on veekaylal investment co. ..... despite these documentary evidence on record, the revenue tribunal has arrived at the conclusion that the land was not a forest land by holding that :i) the notice dated 27th august, 1975 issued under section 35(3) of the indian forest act is invalid because :---(a) annexures 'e' and 'f' indicate that quarrying operations were carried on, on the land on the date when the act came in force;(b) no notice was given to the maharashtra land development corporation even though the document in favour of the ..... 'forest produce' is not defined in the act but has been defined under the indian forest act, 1927. ..... now, at this stage, it will be necessary to refer to and the definition of the word 'forest' given in section 2(c-i) and 2(f) of the maharashtra private forests (acquisition) act, 1975 which reads as under:-'2(c-i) 'forest means a tract of land covered with trees (whether standing, felled, found or otherwise), shrubs, bushes, or woody vegetation, whether of natural growth or planted by human agency and existing or being maintained with or without human effort, or such tract of land on which such growth is likely to have an effect on the supply of timber ..... section 35 of the indian forest act confers power upon the state government to regulate the use and enjoyment of forests. .....

State of Maharashtra and Etc. Vs. Suja Karan Rabbani and Etc.

Court : Mumbai

Reported in : 2000(5)BomCR899; 2000CriLJ664

..... the forest officer, who had seized those cattle under section 52(1) of the indian forests act, 1927 (hereinafter referred to as 'the act') also found that those cattle ate and damaged forest produce such as grass, young plants of saja, bija, garari, dhawada, ghoti and rohan. ..... for the petitioner-state in both the petitions, while questioning the correctness and legality of the impugned orders, submitted that in view of the provisions of section 61 -g of the act the learned magistrate had no jurisdiction to pass an order regarding the release of cattle in question on supratnama and as the said order was passed by the learned magistrate without jurisdiction, it ought to have been set aside by the learned sessions judge, bhandara, by allowing the criminal revision appln. no. ..... 94 of 1996 ought to have considered this aspect of the matter in exercise of his revisional power though he found that the said revision application was filed against an interlocutory order, but it seems that he has lost sight of this important aspect, which goes to the root of the matter and decided the ..... in fact, after the insertion of section 61-g in the act, by way of amendment vide indian forest (maharashtra amendment) act, 1984 (act no. .....

State of Maharashtra and anr. Vs. Kisan Genu Pawar

Court : Mumbai

Reported in : 1991(2)BomCR167

..... he further pointed out, that even in the course of investigation, it may be permissible in a given situation to seize a vehicle that is the subject matter of the commission of an offence, provided, the ingredients of section 61-a of the indian forest act, 1927 are satisfied. ..... jamdar, learned advocate appearing on behalf of the respondent has contended that the seizure of the vehicles in the present case is wholly unjustified in so far as the clear provisions of section 52 of the forests act contemplate that a vehicle which is involved in the transport of forest produce and consequently is involved in the commission of an offence is liable for seizure along with the forest produce in question. ..... keluskar, learned assistant public prosecutor contended that this court should take a very strict view of any offences relating to the forest act, particularly in view of the wanton depletion of the forest wealth and in view of the extreme difficulties experienced by the department in combating such offences. ..... the record shows that a few days earlier, on or about 3rd of august 1985, that the officers of the forest department apprehended two persons while carrying teak wood that had been obtained through illicit felling. ..... keluskar and it is equally true that a stringent view is required to be taken in respect of the commission of offences particularly under the forests act. ..... these persons were arrested as also some of their accomplices. .....

Camilo M.F. Fernandes Vs. the State of Goa, Through Its Chief Secretar ...

Court : Mumbai

Reported in : 1996(4)BomCR154; (1995)97BOMLR97

..... 3 calling upon him to show cause as to why his vehicle should not be confiscated under section 61-a(2) of the indian forest act, 1927 as amended by the goa amendment act, 1988. ..... besides there is gross violation of the principles of natural justice and fairness during the conduct of the trial and both the courts below have overlooked the fact that the conviction under the indian forest act has serious penal consequences as upon conviction the convict can be deprived of his property besides having to undergo imprisonment. ..... the point which was sought to be emphasized in the aforesaid judgment is that the provisions of section 61-b of the forest act are mandatory and the show cause notice must contain all material allegations against delinquent person on the basis of which action is proposed to be taken so that he may be in position to have a proper opportunity to meet the same. ..... sardessai's contention that the trial court has unduly relied on a panchanama purportedly taken on record by concession of the learned counsel for the petitioner when he has no right to do so as well as other documents without following the procedure in law in our view has caused no prejudice to the petitioner bearing in mind that the said evidence was not even required to be taken on record once the petitioner does not deny that ..... 2 for allegedly transporting forest produce without any valid permit. ..... there is no dispute that the suit vehicle was found transporting forest produce without a valid licence. .....

State of Maharashtra Vs. Mohammad Shabbir Sheikh NajmuddIn and Others

Court : Mumbai

Reported in : 2000(5)BomCR439; 1999CriLJ4019

..... - gajanan sonawane-driver of the truck were prosecuted for the offence punishable under sections 41 and 42 of the indian forest act, 1927 on the allegations that they were found in possession of forest produce without valid transit pass. ..... 1 and 3 under sections 41 and 42 of the indian forest act, 1927 and filed the complaint before the judicial magistrate, first class, ..... the present non-applicants 1 and 3 were discharged from the offence punishable under sections 41 and 42 of the indian forest act and the property was returned to the complainant i.e. ..... further contended that the sessions judge has not properly appreciated the provisions of section 41 and 42 of the indian forest act and further wrongly held that section 42 cannot be held to be a punishing section. ..... their discharge on the ground that prima facie case has not been made out against them for the offence punishable under sections 41 and 42 read with section 64 of the indian forest act. ..... the sessions judge failed to consider that the section 41 is an enabling section which gives powers to the state government to make rules and the state government in pursuance of the said power has framed necessary rules called as the bombay transit of forest produce (vidarbha region & kutch area) rules, ..... is further submitted that section 41 deals with the powers of the state government to make rules to regulate the transit of forest produce and section 42 deals with penalty for breach of rule made under section 41 of the indian forest act. .....

Rajesh Prasad and Ors Vs. The State of Jharkhand

Court : Jharkhand

..... guidelines have been laid down to ensure that the false cases are not instituted and official in the rank of a range forest officer and above have been authorized to conduct search and seizure in terms of section 52(d) of the indian forest act and therefore the plea made by the learned counsel for the petitioners with respect to clause 10.16 of the guidelines cannot be said to be a mandatory provision, the violation of which would lead to quashment of the entire ..... section 30 of the indian forest act gives power to the state government to notify declaring any trees or class of trees to be reserved from a date fixed by the ..... it has also been submitted that the seizure was made by a forest officer, who was not competent to conduct search and seizure in view of section 52 d of the indian forest act, which envisages a forest official not below the rank of a range officer to seize any ..... of bihar, reported in air1960( pat) 213 had held that in absence of any notification under section 30 of the indian forest act declaring any trees or class of trees in a protected forest to be reserved the accused cannot be prosecuted even on the allegation of felling of trees.10. ..... of bihar (now jharkhand) reported in 2013 (1) jbcj8 it was held that the notification issued in the year 1955 notifying the forest to be a protected forest had lost its force after 30 years and therefore the conviction of the petitioners under section 33 of the indian forest act cannot be sustained in the eyes of law.9. .....

Indirabai Narayan Bivalkar, Deceased Through her L.Rs. and Others Vs. ...

Court : Mumbai

..... however, without prejudice to the said submission, it is submitted in the alternative that assuming without admitting that the said lands did not vest in respondent no.1 by virtue of the inam abolition act they nonetheless vested in respondent no.1 by virtue of the maharashtra private forests (acquisitions) act, 1975 (hereinafter, the maharashtra private forests act ), read with the indian forest act, 1927 (hereinafter, the indian forest act ). 56. ..... agreement dated 21 january 1959, gazetted on 21 october 1959, came to be entered into between the collector of colaba and bivalkars under section 38 (2) of the indian forest act, 1927 (for short, forest act ) for management of the private forest lands on behalf of the bivalkar, by the forest department of government, as reserved forest , on the terms and conditions set out therein. ..... and that the government is satisfied that it is expedient in the public interest that the area shall be developed as a site for the proposed new town, and therefore, in exercise of the power conferred under section 113(a) of the maharashtra regional and town planning act, 1966 (for short, mrtp act ) designated the land described in the schedule there-under, the site for the proposed new town which shall be known by the name of new bombay. ..... the state, on 20.03.1971 again declared the acquisition of land for new town in the draft development plan for the bombay metropolitan region by exercising power under section 113a of the mrtp act. .....