TALJABHAI S RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these four petitions, the petitioners have challenged the constitutional validity of the newly added provisions of Secs. 61 A to 61G as well as the provisions of Secs. 52 and 53 to the extent that they were amended by the Forest (Gujarat Amendment) Act, 1983 on the ground that they violate fundamental rights guaranteed by Arts. 14 and 19(l)(g) of the Constitution of India.

(2.) In all these matters, vehicles were seized in connection with the illicit carriage of forest produce belonging to the State Government. By the amendment made in the Forest Act, 1927 by the Gujarat State Legislature in Sec. 52, the earlier provision of sub-sec. (2) to the effect that a report of seizure was to be made to the Magistrate having jurisdiction to try the forest offences on account of which the seizure was made, was substituted by providing that such report was to be made to the concerned authorised officer under Sec. 61 A where the offence on account of which the seizure has been made, is in respect of the forest produce which is the property of the State Government or in respect of which the State Government has any interest; while in other cases, such report was to be made to the Magistrate having jurisdiction to try the offences on account of which the seizure has been made.

(3.) In cases, where the report is made under Sec. 61 A of the Act to the authorised officer, on being satisfied that a forest offence is committed, the authorised officer whether or not a prosecution is instituted for the Commission of such forest offence, order confiscation of the property so seized, inter alia, together with the vehicle used in the commission of such offence. Such confiscated property may be ordered to be sold by a public auction. In cases, where the order of confiscation made under Sec. 61A is set aside or annulled by an order under Sec. 61C or 6 ID, the proceeds of the property sold are to be paid to the owner or to the person from whom it was seized, as may be specified in such order. Section 61B provides for issuance of show cause notice before confiscation under Sec. 61A of the Act. Section 61C provides for a revision, while Sec. 61C of an appeal against the order made under Sec. 61A or Sec. 61C of the Act. The property which is confiscated under an order under Sec. 61A, which has become final, would vest free from all encumbrances in the State Government. The jurisdiction of any other officer. Court, Tribunal or authority to make orders with regard to the custody, possession, delivery, disposal or distribution of the property which is seized including the vehicle used in committing any offence relating to forest produce, has been ousted by Sec. 61G of the Act.