DEEP KUMAR vs STATE OF ASSAM - 2024-01-09

O R D E R

Heard the learned counsel appearing for the parties. The learned counsel appearing for the petitioner is right in contending that the decision of this Court in the case of State of M.P. v. Uday Singh1 will not apply in this case, as the said decision is based on Section 52-C of the Indian Forest Act, 1927 as applicable to the State of Madhya Pradesh which ousts the jurisdiction of regular Criminal Court of exercising the power under Section 451 1. 2000 (12) SCC 733 of the Code of Criminal Procedure, 1973 once an intimation regarding proceedings for confiscation of the property is received by the learned Magistrate.

What is applicable in the present case is Sections 49(4) and 49(6) of the Assam Forest Regulation, 1891 (as amended). Against an order of confiscation of vehicles and goods, there is an appeal under Section 49-C before the District Judge.

In this case, the petitioner preferred an appeal before the District Judge. The contention of the petitioner was that he, as the owner of the vehicle, was not aware that the vehicle was being used for illegally transporting the forest produce. The learned District Judge has held that the petitioner failed to prove the said contention. This finding has been affirmed by the High Court by the impugned judgment. While affirming the view taken by the District Judge, the High Court has relied upon a decision of this Court in the case of State of Karnataka v. K.Krishnan2 wherein this Court held that when any vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not be normally returned to a party till culmination of all proceedings in respect of such offence. Only for exceptional reasons that the vehicles can be released. In this case, as can be seen from the impugned orders of the District Court and the High Court, no such 2. 2000 (7) SCC 80 exceptional reasons were available. Therefore, no case is made out to interfere with the impugned order. The Special Leave Petitions are accordingly dismissed.

Pending application, if any, also stands disposed of.

(ANITA MALHOTRA) (AVGV RAMU)

AR-CUM-PS COURT MASTER