TMI Blog1985 (10) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... . 29 (4) (a) (ii) of the Act. First as to the facts. On an information being laid that the respondent G.V. Sudhakar Rao was indulging in widespread illicit felling and removal of teak trees from the reserved forest in Adilabad district, the Forest Range Officer, Flying Squad, Nirmal on July 18, 1982 seized teak timber measuring 42.7 cubic metres valued at ₹ 1,71,000 from the residential house of the respondent under sub-s. (1) of s. 44 of the Act. On July 19, 1982, the Range Officer forthwith produced the seized timber before the Divisional Forest Officer, who is the Authorized Officer under s. 44 (2A) of the Act, along with a report that he had reason to believe that a forest offence had been committed by the respondent in respect of the seized timber. While the confiscation proceedings were pending before the Authorized Officer under sub-s. (2A) of s.44 of the Act, on October 9, 1982 the respondent filed a petition before the High Court under Art. 226 of the Constitution praying for release of the seized timber but the Writ Petition was dismissed by a learned Single Judge. In appeal preferred by the respondent, a Division Bench declined to grant any interim relief but di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icles and cattle used in committing any such offence, may be seized by any forest officer or police officer. (2) Every officer seizing any property under this section shall place on such property, or the receptacle, if any, in which it is contained a mark indicating that the same has been 80 seized and shall, except where the offender agrees in writing forthwith to get the offence compounded, make a report of such seizure to the magistrate : Provided that where the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Central or State Government and the offender is not known, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to the Divisional Forest Officer. (3) *** *** *** *** (4) *** **** **** (5) The property seized under this section, shall be kept in the custody of the forest officer not below the rank of a Forest Guard or the village headman until the compensation for compounding the offence is paid or until an order of the magistrate directing its disposal is received. Section 45 of the Act, prior to its amendment, was in these terms : 45. Where a per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the offence so committed. It brought about the following changes, namely, : (1) In sub- s.(2) of s. 44 of the Act in the opening paragraph, for the words make a report of such seizure to the magistrate: , the following words and brackets were substituted, namely : Without any unreasonable delay either produce the property seized before an officer not below the rank of an Assistant Conservator of Forests authorized by the Government in this behalf by notification (hereinafter referred to as the authorized officer) or make a report of such seizure to the magistrate: (2) After sub-s. (2), Sub-ss; (2A), (2B), (2C), (2D) and (2E) were inserted. Sub-s. (2A), which is material for our purposes,provides: (2A) Where an authorized officer seizes under sub- section (1) any timber or forest produce or where any such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest offence has been committed in respect thereof, he may order confiscation of the timber or forest produce 80 seized or produced together with all tools, ropes, chains, boats or vehicles used in committing such offence. Sub-s. (2B) enjoins that no order confiscating a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a forest offence, the court sentencing him shall order confiscation to the Government of timber or forest produce in respect of which such offence was committed and of any tool, boat, vehicle, vessel or other conveyance or any other article used in committing such offence except There an order of confiscation has already been passed in respect thereof under section 44. The Act also inserted s. 58A which reads : 58A. An order of confiscation under sub-section (2A) or sub-section (2D) of section 44 shall not be deemed to bar the imposition of any other penalty to which the person from whom the property is seized is liable under this Act. B We cannot but accept the contention of the learned Attorney General appearing on behalf of the State that the effect of the amendments brought about by Act 17 of 1976 is that the Act, as amended, does contemplate two separate proceedings before two different forums. It is urged that there is no conflict of jurisdiction as s. 45 of the Act as amended by the Amendment Act, in terms, curtails the power conferred on the Magistrate to direct confiscation of timber or forest produce on conviction of the accused. Emphasis was laid on the words ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore him. In other words, it is said that there cannot be two parallel proceedings before two distinct forums empowered to direct confiscation of the timber or forest produce seized under s. 44 (2A) of the Act and s. 45 and this would give rise to an anamolous situation. The submission is that the order of confiscation passed by the Authorized Officer under s. 44(2A) on being satisfied that a forest offence had been committed must necessarily be subject to the finding of the court in a criminal prosecution as to whether such an offence under s.20 or s.29 has been committed or not and in case the trial ends in an acquittal of the accused, the seized timber or forest produce ant the implements etc. cannot be confiscated to the Government. He tries to distinguish the decision of this Court in State of A.P. v. Smt. Haji Begum, supra, and submits that the Court did not lay down that after the Amendment Act the Magistrate has no jurisdiction to confiscate the seized property. It is urged that the Court only held on the facts and circumstances before it that the High Court in Smt. Haji Begum's case had taken an erroneous view of the report made by the Authorized officer under sub- s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agistrate under sub-s.(2), the Forest Officer is empowered by sub-s.(3) to release the same on the execution by the owner thereof of a bond for the production of the property so released, if and when so required before the Magistrate. Sub-s.(4) of s.44 of the Act enjoins that upon receipt of any report from a Forest Officer under sub- s.(2) thereof, the Magistrate shall except where the offence is compounded take such measures as may be necessary for the trial of the accused and the disposal of the property according to law. Sub-s.(5) directs that the property seized under sub-s.(l) shall be kept in the custody of the forest Officer until the compensation for compounding the offence is paid or until an order of the Magistrate directing its disposal 18 received. Under s. 45, where a person 18 convicted of a forest offence the Court sentencing him shall order confiscation to the government of timber or forest produce in respect of which such offence was committed and of the implements etc. used in committing such offence, except where an order of confiscation his already been passed in respect thereof under s.44. The words except where an order of confiscation has already been passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rised Officer under sub- s. (2A) of s.44 of the Act, along with a report by his under sub-s. (2) thereof that he had reason to believe that a forest offence had been committed by the respondents. Merely because the Forest Range Officer also later lodged a complaint before the learned Metropolitan Magistrate for trial of he respondents for commission of offences under ss. 20(1)(c)(iv) and A (x) and 20(1)(d) read with s. 29(4)(a)(11) of the Act, did not imply that the Authorised Officer was bereft of his power and authority to direct confiscation of the seized timber and the implements etc. under sub-s.(2A) of s.44 of the Act if he was satisfied that a forest offence had been committed. A close, careful and combined reading of the various subsections of s. 44, s. 45 and s. 58A of the Act as introduced or amended by Act 17 of 1976 leaves no doubt that the intendment of the Legislature was to provide for two separate proceedings before two different forums and there is no conflict of jurisdiction as s.45, as amended by the Amendment Act, in terms curtails the power conferred on the Magistrate to direct confiscation of timber or forest produce on conviction of the accused. The confer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under s. 457 of the Code for the disposal of such property. A discordant note was, however, struck by a Division Bench consisting of Sambasiva Rao, C.J. and Raghuvir, J. in Smt. Haji Begum v. State of Andhra Pradesh Ors., (1978) 2 A.P.L.J. 191. The learned Judges held that the power of the Authorized officer to direct confiscation under sub-s.(2A) of s.44 of the Act and that of the Magistrate under 8.45 were mutually exclusive and, therefore, there could not be simultaneous proceedings for confiscation before the Authorized Officer under sub-s. (2A) of s.44 and also the trial of the accused for commission of a forest offence under s.20 or 29 of the Act. Their conclusion was based on the use of the words 'either' and 'or' in sub-s.(2) of 8.44 of the Act and they held that the Forest Department had an option to adopt either of the two courses. The judgment of the High Court in Smt. Haji Begum's case was clearly wrong and was reversed by this Court in State of Andhra Pradesh v. Smt. Haji Begam (supra), where it was observed: In our opinion, on the facts and circumstances of the case, the order of the High Court is not fit to be sustained. The High Court has t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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