TMI Blog1996 (8) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... he order being of the view that the product confiscated was forest-produce . The owner of the bamboo mat has approached this Court by filing this appeal. 2. Forest-produce has been defined in The Indian Forest Act, 1927 (hereinafter referred to as the Act ) as below: 2(4) forest-produce includes :- (a) the following she their found in, or brought from, a forest or not, that is to say timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, 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 herein before mentioned, of trees. (ii) plants n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olding that a product like bamboo mat would be forest- produce by relying on the definition of timber because that definition is in two parts and the second part which speaks of all wood ......fashioned....... or not has no application so far trees are concerned, which have been dealt in the first part of the definition. It has also been urged that bamboo mat being a separate commercial product what was stated by the Gujarat High Court in Fatesang's case merits our acceptance. 5. Shri Dholakia, who was duly assisted by Shri Jadhav, however, contends that if bamboo mat is held to be not a forest-produce, the object of the Act would be frustrated inasmuch as it would debar the forest authorities to inquire about the removal of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld animals of which sub-clause (iii) speaks of is also a God's gift and not man-made. Wherever the legislature wanted to include article produced with the aid of human labour, it has said so specifically as would appear from sub-clause (iv), as it speaks, apart from minerals etc. of all products of mines or quarries . 7. The legislature having defined forest-produce , it is not permissible to us to read in the definition something which is not there. We are conscious of the fact that forest wealth is required to be preserved; but, it is not open to us to legislate, as what a court can do in a matter like at hand is to iron out cresses; it cannot weave a new texture. If there be any lacuna in the definition it is really for the legi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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