Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S.BHANUMATH
Divisional Forest Officer, Chittoor – Appellant
Versus
M. Kamalakannam – Respondent
ORDER :
1. This writ petition is filed under Article 226 of the Constitution of India to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to order passed on 07-01-2016 in Crl.R.P.No.23 of 2015 passed by the District and Sessions Judge, Chittoor, and declaring the same as illegal and contrary to law and quash the same and pass such other order or orders as this Court deems fit and proper.
2. The facts leading to filing of this writ petition, briefly stated, are as follows:
The Sub-Inspector of Police, Yadamari P.S booked a forest offence under Section 379 I.P.C. and Sections 32 and 39 of the A.P. Forest Act, 1967 (hereinafter referred to as ‘A.P.F Act’) and other related provisions with the allegation that ten (10 Nos.) of red sander logs and one Mahendra Xylo car bearing No.TN 19 K 5697 were seized and twelve accused persons were arrested while transporting the said red sander logs on 19.11.2014. The accused Nos.2 to 13 were produced before the IV Additional Judicial First Class Magistrate, Chittoor, and then, the case was transferred to the Forest Range Officer, Chittoor, West Range, along with th
Point of Law : Section 15 gives independent power to the authority concerned, but confiscation of the article as mentioned there under, even before the guilt is completely established.
The legality of the seizure of the vehicle under the Kerala Forest Act and the requirement of simultaneous seizure of contraband articles were the central legal points established in the judgment.
The court established that confiscation proceedings under the Kerala Forest Act require prior notice to the owner, ensuring their right to respond before any compulsory confiscation.
Point of Law – Under the Act, 1967 only an authorised officer or the Divisional Forest Officer under Section 51 of the Act, 1967 can temporarily release any property used to commit an offence.
Point of Law : 18. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
