Interpretation of enabling provision under S. 19(1)(b) of the Madhya Pradesh Van Upaj (Vyapar Vaniyaman) Adhiniyam, 1969 for release of confiscated property.

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)