1. Challenge against the confiscation of a vehicle under the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969. (Para 3 )
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1999 Supreme(SC) 195
SUPREME COURT OF INDIA
K. VENKATASWAMI AND SYED SHAH MOHAMMED QUADRI, JJ.
Dinesh Kumar Kartike, Appellant
VERSUS
State of M.P. and others, Respondents.
Criminal Appeal No. 180 of 1999 (arising out of S.L.P. (Cri) No. 3890 of 1998), D/- 15-2-1999.
Important Points
Interpretation of enabling provision under S. 19(1)(b) of the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969 for release of confiscated property.
Subject
Civil Law - Property Law
Act Referred
Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969: S.19(1)(b)
Headnote
Confiscation - Forest Produce - Interpretation of S. 19(1)(b) of the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969
Fact of the Case:
The appellant challenged an order of confiscation of a truck bearing No. MPQ 6789 under S. 19(1)(b) of the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969.
Finding of the Court:
The court directed the concerned Forest Officer to consider the release of the confiscated truck under S. 19(1)(b) of the Act and pass appropriate orders.
Issues: Interpretation of S. 19(1)(b) of the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969
Ratio Decidendi: The court found that the Forest Officer had not considered the enabling provision of S. 19(1)(b) of the Act and directed the officer to take it into account for the release of the confiscated truck.
Final Decision: The appeal was disposed of accordingly with no orders as to costs.
Legal Category Hierarchy
Table of Contents
2. Whether a confiscated vehicle can be released upon payment of its estimated value under Section 19(1)(b) of the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969. (Para 3 )
3. The Forest Officer failed to consider the enabling provision of Section 19(1)(b) of the Act regarding the release of confiscated property. (Para 4 )
4. Property other than specified forest produce seized as liable to confiscation may be released upon payment of its estimated value under Section 19(1)(b) of the Act. (Para 3 , 4 )
5. Direction to the Forest Officer to consider the release of the confiscated vehicle under Section 19(1)(b) of the Act. (Para 4 )
6. Under what conditions can property other than specified forest produce be released after confiscation under the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969?
Under Section 19(1)(b) of the Act, the State Government may empower a Forest Officer to release property other than specified forest produce that has been seized as liable to confiscation, provided the owner pays the value of the property as estimated by the officer. (Para 3 , 4 )
JUDGMENT :- Leave granted.
2. After hearing the counsel on both sides and after going into the facts, we are of the view that the following order would meet the ends of justice.
3. The appellant challenges an order of confiscation of truck bearing No. MPQ 6789. Notice was issued by this Court on 16-11-1998 calling upon the respondent to show cause why appropriate order in terms of S. 19(1)(b) of the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969 should not be passed. Section 19(1)(b) of the Act reads as follows :-
"19. Composition of offences :- (1) The State Government may, by notification, empower a Forest Officer -
(a) . . . . . . . . . . . . . . . . . .
(b) when any property other than a specified forest produce has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer."
4. On a perusal of the SLP paper book, we find that the concern Forest Officer had not focussed his attention to the enabling provision of S. 19(1)(b) of the Act. We therefore, direct the concerned Forest Officer to consider the question of release of the truck already confiscated under S. 19(1)(b) of the Act and pass appropriate orders in the facts and circumstances of the case. The appeal is disposed of accordingly. No orders as to costs.
Order accordingly.
FOR CITATION : AIR 2000 SC 3633(1)
