LAWS(CAL)-2024-9-64

REHAN ALAM Vs. STATE OF WEST BENGAL

Decided On September 10, 2024
Rehan Alam Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Confiscation of the vehicle of the petitioner, allegedly being involved in a forest offence, is under challenge in this case along with the order of the "Authorised Officer", confiscating the same, as well as the judgment of the Additional District and Sessions Judge, 1st Court at Darjeeling dated September 4, 2023 in Misc. Appeal No. 7 of 2022, thereby upholding the order of confiscation of the vehicle and rejecting the prayer of the petitioner for return of the seized vehicle.

(2.) The sole question involved in this case is whether confiscation of the vehicle under the provisions of the Indian Forests Act 1927, as amended by the West Bengal Amendment Act, would be or not subject to the substantial and procedural criminal laws.

(3.) With the factual background of the case, necessary to be dealt with for proper adjudication thereof be narrated as herein below.