IMPORTANT POINT
Section 54(2) does not authorize the empowered officer to order forfeiture of the seized property to the state government.

JUDGMENT

R.M. Lodha, J. —

The significant and important question raised in this appeal, by special leave, is : whether a specified officer empowered under Section 54(1) of the Wild Life (Protection) Act, 1972 as amended by the Wild Life (Protection) Amendment Act, 2002 (Act 16 of 2003) to compound offences has power, competence and authority, on payment of a sum of money by way of composition of the offence by a person who is suspected to have committed offence against the Act, to order forfeiture of the seized items?

2. The above question arises in this way. In the intervening night of July 24/25, 2004, at the Pothamsettipalli, Cross Roads, the vehicles were being checked by the Sub-Inspector of Police, Kulcharam Police Station, District Medak. In the course of the checking, at 2.45 a.m. a jeep bearing Registration No. AP - 12 - D 703 was also stopped and checked. The said jeep was occupied by the present respondent nos. 1, 2 and 3 and two other persons. On checking, the Sub-Inspector of Police found one gunny bag tied to the front side of the bumper of the jeep. The gunny bag had two bags inside; one bag contained a hunted wild boar and the other had three rabbits. The seizure panchnama was prepared immediately at 3.30 a.m. The jeep, a battery, a torchlight, dead animals and two rifles of foreign make fitted with telescope were seized. The persons (including respondent nos. 1 to 3 who were occupying the jeep) were taken into custody and a case (Crime No. 43 of 2004) was registered against them under Section 9 of the Wild Life (Protection) Act, 1972 (for short, ‘the 1972 Act’). The Division Forest Officer, Medak was also immediately informed.

3. On July 25, 2004 itself, the Divisional Forest Officer, Medak recorded the statement of respondent nos. 1 to 3 and two other persons. They gave some explanation with regard to the gunny bag containing wild pig and three rabbits and the rifles in their possession but stated that the offence was done by them in ignorance and they were willing to pay money by way of composition of the offence.

4. On August 10, 2004, the Conservator of Forests, Nizamabad Circle, Nizamabad on the report submitted by the Divisional Forest Officer, Medak that the accused persons (Respondent Nos. 1 to 3) had offered for compounding the offence and they were willing to pay the money by way of composition of the offence, ordered that the offence be compounded for Rs. 30,000/- under Section 54 of the 1972 Act and the vehicle and the weapons used in committing the offence be forfeited.

5. The respondent no. 1 challenged the above order in appeal before the Principal Chief Conservator of Forests, Andhra Pradesh. The Principal Chief Conservator of Forests although by his order dated October 9, 2004 held that appeal was not maintainable but asked the Conservator of Forests, Nizamabad to reduce the composition fee from Rs. 30,000/- to Rs. 25,000/- . The respondent no. 1 was asked by the Principal Chief Conservator of Forests to approach the Conservator of Forests, Nizamabad for further action.

6. The Conservator of Forests, Nizamabad then passed a fresh order on November 4, 2004 permitting the respondent nos. 1 to 3 to compound the offence for Rs. 25,000/-. The seized items viz; vehicle No. AP - 12 - D 703 and two rifles were ordered to be forfeited to the state government. It was also ordered that if the offenders fail to pay compounding fee within seven days, necessary action against them for their prosecution under Section 51 of the 1972 Act may be taken.

7. The respondent nos. 1, 2 and 3 challenged the above three orders insofar as forfeiture of the vehicle and two rifles to the state government was concerned in a writ petition filed under Article 226 of the Constitution of India before the Andhra Pradesh High Court.

8. The Single Judge of the High Court, on hearing the parties, by his judgment dated March 29, 2005 set aside the order of forfeiture of the vehicle and the two rifles.

9. The present appellants—t