The show cause notice must contain all material allegations against the delinquent person, and confiscation can only be done by an authorized officer.

1. By way of present petition, the petitioner challenges the order dated 17th May 2006 passed by the Range Forest Officer, Ahmednagar, to the effect that the jeep bearing No. MH-17/K-752 be deposited to the Government as the same was used in cutting of sandal trees unauthorizedly. The petitioner has also challenged the order dated 1st December 2006 passed by the learned Additional Sessions Judge, Shrirampur, in Criminal Appeal No. 16/2006, thereby dismissing the appeal filed by the present petitioner.

2. The facts, in brief, giving rise to the present petition are as under :

A complaint came to be lodged by one Namdeo Bapurao Javale on 9th December 2005, alleging therein that on 9th December 2005, he heard sound of a tree falling. He states that when he got up, he was assaulted by stick by three persons. The complainant further states that the relatives of the complainant came there and there was a scuffle between the thieves and the villagers. It is further stated that the said tree was taken away by unknown persons in a greenish jeep. During the investigation, the aforesaid jeep came to be seized by the Police on 10th March 2006. The matter was reported to the concerned Forest Officer on 30th March 2006 and subsequently vide order dated 17th May 2006, the said jeep came to be confiscated.

3. Being aggrieved by the order of confiscation, an appeal as provided under Section 61-D of the Indian Forest Act, 1927 (For short, "the Act"), was filed by the present petitioner. The same is also dismissed. Hence, the present petition.

4. Mr. H.D. Deshmukh, learned Counsel appearing for the petitioner, submits that the impugned order is not sustainable in law inasmuch as a show cause notice which is contemplated under Section 61-B of the Act is not issued to the present petitioner before the order of confiscation came to be passed under Section 61-A of the Act. Relying on the judgment of Division Bench of this court in the case of Inderjit Singh Vs. State of Maharashtra (1990(3) Crimes 779) 779), it is submitted that since there was no show cause notice, the impugned orders are liable to be set aside on the said ground alone. He further submits that since the authorities have failed to establish that the jeep of the petitioner was used in the crime with the knowledge of the petitioner, the confiscation was not sustainable in law. He relies on the judgment of the Apex Court in the case of Assistant Forest Conservator Vs. Sharad Ramchandra Kale 2927) (AIR 1998 SC 2927), in this regard.

5. Section 61-A of the Act provides for confiscation by Forest Officers of forest-produce when forest-offence is believed to have been committed. Sub-Section 1 of the said Section requires that the officer seizing the property under Sub-Section (1) of Section 52 shall, without any unreasonable delay, produce it, together with all tools, boats, vehicles and cattle used in committing such offence, before an officer authorised by the State Government in this behalf by notification in the Official Gazette, not being an officer below the rank of an Assistant Conservator of Forests. Sub-Section 3 of the said Section permits an Authorised Officer to pass an order regarding confiscation of the property so seized together with all tools, boats, vehicles and cattle used in committing such offence.

6. Section 61-B of the said Act reads thus:-

" Issue of show cause notice before confiscation under section 61-A - (1) No order confiscating any timber, sandalwood, firewood, charcoal or any other notified forest-produce, tools, boats, vehicles or cattle shall be made under section 61-A except after notice in writing to the person from whom it is seized and considering his objections, if any: . Provided that no order confiscating a motor vehicle shall be made except after giving notice in writing to the registered owner thereof, if in the opinion of the authorised officer it is practicable to do so, and considering his objections, if any. (2) Without prejudic