Bombay High Court
State of Maharashtra
Versus
Suresh
Decided On:

Headnote:INDIAN FOREST ACT, 1927

       Section 2 (4)-Bamboo mailings-Whether forest produce-Bamboo mattings seized and confiscated by Forest Officer.

       In appeal Additional Sessions Judge held bamboo mattings not being forest produce. Held, within meaning of Section 2 (4) of Act Additional Sessions Judge was not correct in holding that it is not forest produce.

       Sub-section (7) of Section 2 of the Act defines tree which includes palms, barns, bamboos, stumps, brushwood and canes. Sub-section (6) of Section 2 defines timber to which the Gujarat High Court has not adverted includes trees when they have fallen or have been felled and all wood whether cut up or fashioned or hallowed out for any purpose or not. In view of this that bamboo is included within the meaning of tree and which forms a part of a timber so any item fashioned in any manner of a timber would come within the definition of forest produce.

       For Citation : 1993 (1) CCC 496 at p. 499 Bom