J B AND COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS in these cases have questioned the validity of the impugned notices whereby they were called upon by the Forest Authorities to show cause as to why their vehicles and Kendu leaves seized while transporting such leaves in contravention of the provisions of the Bihar Kendu Leaves (Control of Trade) Act, 1973 (hereinafter called 'the Kendu Leaves Act'), be not confiscated. According to the Forest Authorities, at the time of checking, trucks of the petitioners were found carrying certain quantity of kendu leaves for which they had no valid permit.

(2.) THE contention of the petitioners is that any attempt of the forest authorities to confiscate the trucks taking aid of the provisions of Section 52 of the Indian Forest Act, 1927 (in short the 'Forest Act') as substituted by the Bihar Amendment Act, 1989 for an offence under the Kendu Leaves Act will be illegal and without jurisdiction as no such provision has been made either under the Kendu Leaves Act or the rules prescribed thereunder. It was contended, when the alleged offences are specifically contained within the Kendu Leaves Act, there will be no scope for the authorities to apply the provisions of Section 52 of the Forest Act in order to confiscate the vehicles. Because the Kendu Leaves Act has been enacted to provide full control on transaction of kendu leaves right from its collection or stripping from trees till its disposal to the consumers. True it is that Section 14 of the Kendu Leaves Act empowers the State authorities including Forest Officers to search and seize kendu leaves, boat, vehicles or receptacles used or intended to be used for transport of kendu leaves, but there is no provision to confiscate the vehicles etc. In support of the contention, petitioners placed reliance to a decision of this Court in the case of Smt. Chandrawati Devi vs. The State of Bihar and 2 ors., 1992 (1) PLJR 47 wherein it was held since transportation of kendu leaves is covered by a special enactment, therefore, for any violation of the Kendu Leaves Act, one has to take aid from the provisions made thereunder and not under the provisions of the Forest Act. Because as per section 21 of the Kendu Leaves Act, nothing contained in the Forest Act shall apply to Kendu Leaves in respect of the matters for which provisions are contained in that Act.

(3.) ON the other hand, learned counsel for the respondents contended that Section 21 of the Kendu Leaves Act no doubt bars the application of the Forest Act, but only with regard to specified forest produce in respect of which provisions have been made under the said Act. As there is no provision for confiscation under the said Act, the forest authorities have ample jurisdiction to take steps for confiscation under the provisions of sections 52 of the Forest Act. It has been contended that Kendu Leaves Act only regulates the transit and other related matters of the specified forest produce whereas the Forest Act contains various provisions relating to transit of forest produce which are not contained under the special Act.