PALANICHAMY Vs. FOREST RANGE OFFICER CUMBUM MADURAI DISTRICT

JUDGEMENT

(1.) HEARD both parties.

(2.) THE above revision is directed against the order dated 7. 12. 1994 in C. A. No. 164 of 1992, on the file of the I Additional Sessions judge, Madurai confirming the order of confiscation dated 9. 12. 1992 in C. C. No. 2702 of 1990 on the file of the learned Judicial Magistrate Uthamapalayam, madurai District wherein the lorry bearing registration No. TNN-4734 was confiscated by the learned Judicial Magistrate, by exercising power under section 49-G of the Tamil Nadu Forest Act.

(3.) IN this connection, it is relevant to refer section 41, 43, and 49-G of the Tamil Nadu Forest Act, which reads as follows. A1. Seizure property liable to confiscation. (1) When there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber or produce together with all tools, ropes, chains, boats, (Vehicles) and cattle used in committing any such offence, may be seized by a Forest Officer or Police Officer. (2) Any Forest Officer or Police Officer, may, if he has reason to believe that a vehicle has been, or is being used for the transport of any scheduled timber in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or the other person in charge of such vehicle to stop the vehicle and cause to remain stationary as long as may be reasonably for examination of the contents in the vehicle and inspection of all records relating to the scheduled timber and is possession of such driver or other person in charge of the vehicle or any other person in the vehicle. (3) Every officer seizing any property under this Section shall place on such property or the receiptable (if any) in which it is contained a mark indicating that the same has been so seized and shall as soon as may be. Provided that when the timber or forest produce with respect to which such offence is believed to have been committed is the property of the (Central or the State Government) and the offender is unknown. , it shall be sufficient if the officer makes, as soon as may be, (a report of the circumstances of case to his official superior ). (a) where the offence on account of which the seizure has been made is in respect of the scheduled timber which is the property of the government or in respect of which the Government have any interest to the concerned authorised officer under Section 49-A and (b) in other cases, to the magistrate having jurisdiction to try the offence on account of which the seizure has been made. Section 43: Timber forest produce tools etc. when liable to confiscation:- When any person is convicted of a forest offence all timber or forest produce in respect of which such offence has been committed and all tools, ropes, chains, boats, vehicles and cattle used in committing such offence, shall subject to section 49-G be confiscated to the Government. Section 49-G: Bar of jurisdiction in certain cases:-Whenever any scheduled timber belonging to the Government or any tool. rope, chain, boat, vehicle and cattle used for committing any offence in respect of any scheduled timber, is seized under section (I) of Section 41, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in any other law for the time being in force, (a) the authorised officer under section 49-A, or the forest Officer Specially empowered under Section 49-C, or the Session Judge hearing an appeal under Section 49-D, shall have, and (b) any other officer, court, tribunal or authority shall not have, jurisdiction to make orders with regard to the custody possession, delivery, disposal or distribution of such property.