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TMI Blog2004 (3) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... es of kattha manufactured by M/s. Harsh Wood Products (Respondent No. 2) were loaded therein at their factory premises, the same having been purchased by M/s. K.S. Finance Corporation (Respondent No. 3) without obtaining transit pass as required under rule 3 of the Transit Rules. Thereafter, the matter was reported to the Sub-Divisional Forest Officer, Gwalior, who initiated a confiscation proceeding under Section 52 of the Act and on 23.5.1988 an order of confiscation was passed whereafter an appeal was taken to the Conservator of Forest under Section 52A of the Act, who remitted the matter to the original authority. On remand, the original authority again passed order of confiscation of kattha seized which was confirmed in appeal whereafter a revision bearing No. 1147/88 was preferred under Section 52B of the Act before the Sessions Judge, Gwalior, challenging order passed in appeal and the same was admitted. During the pendency of the revision application, the seized stock of kattha was released by way of interim measure. On 15.8.1991 another truck bearing No. MP-07-A-8740 was found loaded with 160 bags of cutch which were purchased by M/s. S.P. Sales Agencies (Respondent No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seeds tendu leaves, kuth and myrobalans, and (b) the following when found in, or brought from a forest, that is to say:- (i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees, (ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, (iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey, and wax, and all other parts of produce of animals, and (iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries); (v) standing agricultural crops." Learned counsel on behalf of the appellant submitted that according to the definition of 'forest produce' referred to above, catechu is a forest produce and kattha and cutch both form part of catechu. In support of this, reference was made to Webster's Third New International Dictionary, Volume I, page 352, wherein 'catechu' has been defined to mean " 1. any of various dry, earthy, or resinous astringent substances obtained by extraction and evaporation from the wood, leaves, or fruits of various tropical Asiatic plants: as a :an extract of the he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said Act. In that case, stand was taken before this Court on behalf of the parties that kattha is extracted from wood of tree known as khair and khair wood becomes the essential and basic raw material for the manufacture of kattha inasmuch as the said wood is not used in manufacturing of kattha alone but is also used and utilized for the manufacturing of forest medicines etc. and in order to obtain kattha, khairwood is processed through various physical and chemical processes to obtain its end product. Further, in that case, method for the manufacture of kattha and cutch was placed before this Court to show that kattha and cutch both are end products of khair wood, which method has not been denied by the parties in the present case, and the same runs thus : "(a) Long logs of khairwood are converted into small logs in sawmills. (b) In order to remove the bark and sapwood either manual process is adopted or khair logs are peeled through peeling machine. (c) The khairwood so peeled/debarked is known as heartwood. (d) Heartwood is again converted in small pieces in sawmill. (e) Small pieces of wood are converted into small chips in chipping machine. (f) Standard size chips ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion proceeding can be initiated. 'Forest offence' has been defined under Section 2(3) of the Act to mean an offence punishable under this Act or any rule framed thereunder. Section 41 empowers State Government to frame rules for regulating transit of forest produce. Section 42 further empowers the State Government to frame rules prescribing thereunder penalties for breach of the rules framed under Section 41 of the Act. Section 76 confers additional powers upon the State Government to make rules for, inter alia, carrying out provisions of the Act. Purporting to act under Sections 41, 42 and 76 of the Act, the Government of Madhya Pradesh framed Transit Rules referred to above, rule 3 whereof lays down that no forest produce shall be moved either within the State of Madhya Pradesh or beyond its territory without obtaining a transit pass. Sub-rule (1) of rule 29 lays down that whosoever contravenes any of the provisions of these Rules shall be liable to be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both. In the present case, the allegations are that by committing breach of rule 3 a forest offence wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while noticing the view taken in the case of G.V. Sudhakar Rao (supra), this Court has reiterated that the power of confiscation is independent of any criminal prosecution for the forest offence committed. This being the position, in our view, the High Court has committed an error in holding that initiation of confiscation proceeding relating to kattha was unwarranted as no criminal prosecution was launched. Ordinarily, we would have set aside the impugned judgment rendered by the High Court, directed the revision arising out of confiscation proceeding relating to kattha to be restored and disposed of on merit and granted liberty to the Forest Authorities to consider desirability of launching prosecution against Respondent Nos. 1, 2 and 3 and initiating confiscation proceeding in relation to the stock of 'cutch' seized in the year 1991. But, in the present case, we do not propose to adopt that procedure in view of the fact that the stock of cutch was seized in the year 1991, but no confiscation proceeding has been initiated as yet, the revision application arising out of the confiscation proceeding relating to the kattha seized was withdrawn more than eight years ago on 1.11.1995, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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