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2004(3) Supreme 26
SUPREME COURT OF INDIA
(From Madhya Pradesh High Court)
Y.K. Sabharwal & B.N. Agrawal, JJ.
State of M.P. -Appellant
versus
S.P. Sales Agencies and Ors. -Respondents
Criminal Appeal Nos. 259-260 of 1997
Decided on 29-3-2004
Counsel for the Parties :
For the Appellant : Ms. Vibha Datta Makhija, Advocate.
For the Respondents : Sushil K. Jain, Puneet Jain, Ms. Pratibha Jain, Advocates.
Held : In view of the foregoing discussion and definitions extracted above from various dictionaries, catechu means any of the various dry, earthy, or resinous astringent substances extracted from wood, leaves or fruits of various tropical Asiatic plants, viz., acacia and other trees and shrubs. Khair tree is one of the types of acacia tree and log to wood of the said tree is basic raw material for the manufacture of kattha and cutch. After employing series of activities to the log of khairwood, various substances, namely, cutch and kattha etc., are extracted which are known as one of the types of catechu. This being the position, we hold that cutch and kattha come within the sweep of expression catechu which has been enumerated in the definition of forest produce, as such kattha and cutch are forest produce within the meaning of Section 2(4) of the Act and the High Court was not justified in holding otherwise. (Para 8)
(ii) Indian Forest Act, 1927-Sections 52, 2(3), 41 and 42 r/w Transit Rules-Rule 29-281 cases of kattha in one case and 160 bags of cutch in other case were found being transported without obtaining transit pass-Order of confiscation-High Court in a petition u/s 482 Cr.P.C.> quashed seizure and consequent proceedings on ground that kattha and cutch were not forest produce and that confiscation proceedings could not have been initiated as no criminal prosecution was launched-Appeal-Whether confiscation proceedings u/s 52 of the Act could be initiated without or with criminal prosecution? Yes.
Held : In the present case, the allegations are that by committing breach of rule 3 a forest offence within the meaning of Section 2(3) of the Act has been committed for which a criminal prosecution under rule 29 of the Transit Rules as well as a confiscation proceeding under Section 52 of the Act could be initiated. From the scheme of the Act, it would appear that for contravention of rule 3, two independent actions are postulated - one criminal prosecution and the other confiscation proceeding. The power of confiscation, exercisable under Section 52 of the Act, cannot be said to be in any manner dependant upon launching of criminal prosecution as it has nowhere been provided therein that the forest produce seized can be confiscated only after criminal prosecution is launched, but the condition precedent for initiating a confiscation proceeding is commission of forest offence, which, in the case on hand, is alleged to have been committed. (Para 10)
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, the same having become infructuous in view of the impugned judgment and criminal prosecution has not been launched so far pursuant to seizure of the stock of kattha and cutch. Accordingly, we are not inclined to interfere with the impugned judgment. (Para 12)
JUDGMENT
B.N. Agrawal, J.-These appeals by special leave have been filed against judgment rendered by Gwalior Bench of Madhya Pradesh High Court whereby two petitions filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code ) by Respondent Nos. 1 and 3 have been allowed and seizure of stock of kattha and cutch under the provisions of Section 52 of the Indian Forest Act, 1927 ( Act for short) for violation of provisions of rule 3 of Madhya Pradesh Transit (Forest Produce) Rules, 1961 (hereinafter referred to as the Transit Rules ) and the consequent proceedings have been quashed.
2. The short facts are that on 2.5.1988 a truck bearing No. USR-1147 was intercepted by the police near Shinde Police Outpost under Indra Ganj Police Station in the District of Gwalior within the State of Madhya Pradesh and it transpired that 281 cases 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 of 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.
3. 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) from its manufacturer M/s. Harsh Wood Products (Respondent No.2) and as no transit pass, as required under the Rules, was obtained for its movement, it was seized and made over to the Sub-Divisional Forest Officer, Gwalior. Respondent No.1 thereafter filed an application before the Chief Judicial Magistrate, Gwalior, for release of the seized articles, but the prayer was refused and the same was upheld by the Sessions Court whereafter Respondent No.1 preferred an application before the High Court of Madhya Pradesh under Section 482 of the Code which was allowed on 17.12.1991 and the seized cutch was ordered to be released by way of interim measure. Respondent Nos. 1 and 3 thereupon filed two separate applications under Section 482 of the Code before the High Court which were registered as Miscl. Criminal Case No. 2475 of 1995 and 2466 of 1995 respectively for quashing the seizure of aforesaid stock of kattha and cutch and consequent proceedings. The High Court by its order dated 7.9.1995 allowed both the applications and quashed the seizure and consequent proceedings on grounds, inter alia, that kattha and cutch were not forest produce within the meaning of Section 2(4) of the Act and confiscation proceeding could not have been initiated as no criminal prosecution was launched pursuant to the seizure. In view of the aforesaid order, Criminal Revision No. 1147/88 which was filed before the Sessions Court against the appellate order in relation to seized stock of kattha became infructuous and accordingly the same was withdrawn on 1.11.1995. Challenging the aforesaid order dated 7.9.1995 passed by the High Court, two petitions were filed before this Court for grant of special leave in which leave to appeal having been granted, the present appeals are before us.
4. The main question that falls for our consideration is as to whether kattha and cutch are forest produce within the meaning of Sect
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