Court : Kolkata
Reported in : AIR1999Cal104
..... as regard the order of confiscation, it is relevant to reproduce the provisions of sections 59a and 59b of the indian forest (west bengal amendment) act, 1988-'59a.-- 1. ..... the seizure appears to have been made in terms of the west bengal forest produce transit rules, 1959. ..... , 1927 and under section 7 of west bengal forest produce transit rules, 1959 and title thereto within 30 (thirty) days from the date of issue of these notice to the office of the undersigned failing which necessary legal action will be taken against without ..... the provisions of rule 8(1) of the west bengal forest produce transit rules have also not been complied with insofar as no notice was issued to the owner nor a copy of the seizure list was furnished to him.3. ..... it must be noticed that the aforesaid notice does not conform to the requirements of the provisions of section 59a of the indian forest act. ..... in our view the said order cannot be characterised as one passed under the act confiscating the forest produce.8. .....
Tag this Judgment!Court : Guwahati
..... of learned district judge, west tripura, agartala passed under sub-section (5) of section 52a of indian forest (tripura second amendment) act, 1986 upholding the order of confiscation of the vehicle (lorry) belonging to the petitioner passed by the authorized officer (divisional forest officer) in exercise of power under sub-section (2) of section 52a of the said act, has been put under ..... in view of section 5 of the indian forest (tripura amendment) act, 1984 which includes among others 'vehicle' ..... power of confiscating a seized vehicle could be exercised only after launching a criminal prosecution for commission of any forest offence under sub-section (2) of section 52a of the indian forest (tripura second amendment) act, 1986. ..... that the order 'may' used in the aforesaid sub-section, having regard to the object to be achieved by tripura amendment act is to be construed as 'must' and, as such, confiscation of the seized property is obligatory upon the authorised ..... 495, submits that the lodging of any criminal prosecution for the commission of any forest offence is not a condition precedent to initiate confiscation proceeding.in view of sub-section (2) of section 52a of the act (supra) it reveals that the authorised officer may order confiscation of the property seized notwithstanding institution of any criminal prosecution for the commission of any forest offence and the aforesaid proposition has been approved ..... upon a decision of the hon'ble apex court in the state of west bengal v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal282
..... 'the first schedule to the constitution was to stand amended from the appointed day, and the territories of the state of west bengal was to exclude the territories transferred to pakistan as above ..... the word 'state' is defined in section 3(58) of the general clauses act (act 10 of 1897) as follows:'state-- (a) as respects any period before the commencement of the constitution (seventh amendment) act 1956, shall mean a part a state, a part b state or a part c state, and(b) as respects any period after such commencement, shall mean a state as specified in the first schedule to the constitution and shall include a union territory' ..... 12of jalpaiguri thana of west bengal will remain connected as at present with indian territory and will remain with india ..... 12 or jalpalguri thana of west bengal will remain connected as at present with indian territory and will remain with india ..... as a result of the opinion delivered by the supreme court, parliament passed the constitution (ninth amendment) act 1960 which came into operation on 28th december 1960. ..... 3 sub-section (1) provided, inter alia, that as from the appointed day, the province of bengal as constituted under the government of india act, 1935 shall cease to exist and there shall be constituted in lieu thereof two new provinces known respectively as east bengal and west bengal. ..... on july 18, 1947 the british parliament passed the indian independence act 1947. ..... on july 18, 1947 the british parliament passed the indian independence act, 1947. .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)2CALLT252(HC),97CWN875
..... in the context of the several amendments made in the indian forest act by west bengal amendment act we will however have to gather at the first instance the legislative intent by referring to the different provisions of the act as amended in west bengal before we supply and read some words in sub-section (3) of section 59-a, by mechanically following the aforesaid decision of the orissa high court.9. ..... indeed the power of confiscation of a vehicle as given to the authorised officer in sub-section (3) of section 59-a of the indian forest act, 1927 as inserted by the west bengal amendment act of 1988 is more or less similar to the power given to the authorised officer under section 56(2-a) of the orissa forest act as can be gathered from the said decision of the orissa high court. ..... sub-section (3) of section 59-a, which section has been inserted by the west bengal amendment act in the indian forest act runs thus :'(3) where any timber or other forest-produce which is the property of the state government is produced before an authorised officer under sub-section (1) and the authorised officer is satisfied that a forest-oftence has ..... the question which we will have to consider now is whether the provisions of the indian forest act, 1927 as amended by the west bengal amendment act would also sustain or warrant such a course of supplying and reading words in the concerned provision of the said act as applicable in west bengal. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008AIRSCW176; 2008(3)LH(SC)2027; AIR2008SC1591; 2008(3)ALLMR(SC)437; 2008(56)BLJR1195; (SCSuppl)2008(2)CHN130; [2008(3)JCR6(SC)]; (2008)3MLJ986(SC); 2008(3)SCALE199; 2008(1)LC393(SC);
..... range officer forwarded the case to the divisional forest officer, wildlife, division-ii, jalpaiguri who is the authorised officer, under section 59a of the act as amended by section 17 of the indian forest (west bengal amendment) act, 1988 (in short the 'amendment act'). ..... required under section 59b of the act, notice was issued and served on the owner of the vehicle to show cause as to why the vehicle in question shall not be confiscated to the state of west bengal as provided under section 59(a) of the act. ..... this juncture, it will be relevant to quote sections 59(a) and 59(b) of the act as inserted by the amendment act. ..... a notice in terms of section 8(1) of west bengal forest produce transit rules, 1959 (in short the transit rules') was issued to the driver as well as the owner of the ..... the high court inter-alia observed as follows and directed release of the confiscated vehicle:it is settled law that unless the driver of the vehicle acted as an agent of the owner of the said vehicle and indulged in carrying forest produce in illegally and that too with the knowledge and connivance of the owner neither the vehicle could be confiscated nor ..... amount shall be deposited with the concerned forest department of the state of west bengal. ..... position in law was again reiterated in state of west bengal v. ..... impugned order, learned single judge directed release of vehicle which was seized and confiscated for an alleged violation of the provisions of indian forest act, 1927 (in short the 'act').3. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR1392
..... ii, appearing on behalf of the state, contested the appeal on the following grounds:(i) section 52 of the indian forest act (bihar amendment), which is applicable in the state of jharkhand, imposes onus on the owner of the truck to prove his innocence and to prove that the vehicle was used without his knowledge and connivance ..... , similar provision of the state of west bengal was under consideration. ..... in the case of state of west bengal and anr. v. ..... of west bengal and ..... sub-section 5 of section 52 of the indian forest act (bihar amendment) also makes similar provision and reads thus:(5) no order of confiscation under sub-section (3) of any tools, arms, boats, vehicles, ropes, chains or any other article (other than the forest produce seized) ..... said report, it was clearly mentioned that in the said illegal act, the truck owner-sunil kumar arora has got no concern at ..... no other material on record to attach knowledge of the illegal act to the owner or his connivance in using the truck for ..... under the provisions of the bihar forest act, a confiscation proceeding was separately initiated ..... the authorised officer-cum-divisional forest officer, but he included the name of the owner stating that though the owner was not present he cannot be absolved from the consequence of illegal act of his servant and agent. ..... was no evidence showing that the owner of the truck had any knowledge that his truck was likely to be used for carrying forest produce in contravention of the provision of the forest act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC221; 2002(1)ALT(Cri)185; 2002(1)AWC92(SC); JT2001(9)SC570; 2001(8)SCALE242; (2002)1SCC495
..... dated 24.5.1989 hereby order the confiscation of the said seized timber along with cutting tools (implements) to the state of west bengal under section 59a(3) of the indian forest act, 1927 (west bengal amendment, 1988).' 6. ..... passed in exercise of the power vested in the authority under section 59a(3) of the indian forest act, 1927 (west bengal amendment 1988) (hereinafter referred to as 'the act'). ..... committing a forest offence & also to conceal, the timber by way of changing the identity of timber in question which is liable to be confiscated to the state as per provision of section 59a(3) of the indian forest act, 1927 (west bengal amendment, 1988). ..... setting aside the order passed by the authorised officer under the indian forest act (as amended in the state of west bengal), confiscating certain tools and implements, is under challenge in this appeal filed by the state of west bengal. 4. ..... which it was held that the confiscation proceeding of the machineries and/or saw mill cannot be held to be valid in terms of section 59a(3) of the forest act as amended by the state of west bengal on the grounds that saw mill cannot be treated to be a property of the state government. ..... state of west bengal, wp 1591(w) ..... , on the authorised officer under sub-section (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 .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT425(HC)
..... reported in clt 1993(1) hc, 289 held, inter alia, that not only the petitioner as the owner of the vehicle was required to prove under section 59 b(2) of the west bengal amendment of the indian forest act, to the satisfaction of the authorised officer that she had no knowledge or connivance about the user of the offending articles or vehicle, she must also prove before the authorised officer that ..... after quoting 59b(2) of the said act their lordship in paragraph 6 of the judgment held thus :--'the requirements of section 59b(2) of the west bengal amendment of the indian forest act are two-fold ..... . section 52(3) of the west bengal amendment of the indian forest act which authorises any authorised officer or police officer to require the driver or other person-in-charge of a vehicle to stop the same when he has reason to believe that such a vehicle is being used ..... . the provisions in section 59b(2) of the bengal amendment of the indian forest act, also clearly indicates that in a proceeding for confiscation, the owner of the vehicle seized for commission of forest offence, not only has to prove to the satisfaction of the authorised officer that ..... . similar interpretation of section 59b(2) of the bengal amendment of the said act was made by another division bench of this hon'ble court in the ..... a confiscation proceeding was started by the authorised officer, jalpaigurl under section 59a(3) of the indian forest act, 1927 and due notices were sent to the registered owner of the car being the writ .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD106
..... and the petitioner originally consequent onaccepting his highest bid amount was governed by the rules framed by the state government by virtue of the powers conferred by subsection (1) of section 9 of the indian tolls act, 1851 read with section 2 of the indian tolls laws (a.p. ..... stale of west bengal, : [1975]2scr674 , the supreme court observed that when public clement is involved in the activities of government, then there ..... for the purpose of this case are that the petitioner was the successful bidder for the lease-hold rights for collecting the toll-gate on the highlevel bridge over river maneru at k.m.stone 15/6 on hyderabad-karimnagar road, pursuant to the sale notification dated: ..... amendment) act ..... tlie learned counsel for petitioner tries to seek the umbrage of maxim actus curiae nemineni gravabt (an act of court shall not prejudice no man), i am not inclined to go into this contention, inasmuch as claiming damages by any person even by tlie government is a common law remedy, which can be exercised by the aggrieved ..... consequently, the petitioner filed an application for amendment of the prayer in the writ petition seeking writ of mandamus declaring the action of the respondents in not discharging ..... as already stated, the relief was amended and the petitioner confined his challenge to the notification dated: 16-11-1997 and for consequential ..... the said amendment was ordered and therefore the validity of the action taken by the respondents and the order dated: 16-11-1997 is .....
Tag this Judgment!Court : Delhi
Reported in : 2007(122)ECC7; 2007(148)LC7(Delhi); 2009(235)ELT60(Del)
..... articles and trophies and taxidermy thereof;(e) provide penalties for contravention of the act.this act was further amended several times in the years 1982, 1986, 1991, 1993, 2003 and 2006 and the amendment in 1986 has a direct bearing on the issue involved in the present writ petition and reads as follows:amendment act 28 of 1986 - statement of objects and reasons - the wild life (protection) act 28 of 1972 provides for the protection of wild animals and birds ..... by reason of the amending acts, the parliament was anxious to plug the loop-holes and impose a ban on trade in ivory so that while purporting to trade in imported ivory and carvings there from, poaching of indian elephants and resultant illegal trade by extracting their tusks may not continue.the petitioner has relied upon the judgment of the madras high court in kay pee industrial chemical's (supra) but the said ..... . by reason of the amending acts, the parliament was anxious to plug the loop-holes and impose a ban on trade in ivory so that while purporting to trade in imported ivory and carvings there from, poaching of indian elephants and resultant illegal trade by extracting their tusks may not ..... the legislatures of the states of andhra pradesh, bihar, gujarat, haryana, himachal pradesh, madhya pradesh, manipur, punjab, rajasthan, uttar pradesh and west bengal have passed such resolutions. 4. ..... clandestine trade is abetted by illegal practices of poaching which have taken a heavy toll of our wild animals and birds. .....
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