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1994 Supreme(Pat) 285

NAGENDRA RAI
Enamul Haque – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s. Ashok Srivastava, P.S. Dayal, S.P Sinha, S.K. Srivastava, P.C. Roy, A.N. Deo & N. Kaparia.
For the Respondents:Government Pleader No.1 (Government Advocate)

JUDGMENT

NAGENDRA RAI, J.

1. In all the aforesaid cases common question of law is involved and as such they have been heard together and are being disposed of by this common judgment at the stage of admission itself.

2. The questions for determination in these cases are two folds. Firstly, whether in view of the specific provisions as contained in Section 52 of the Indian Forest Act (hereinafter referred to as the Act) substituted by Bihar Act 9 of 1990 for confiscation of forest produce in respect of which forest offence has been committed and the vehicles etc. used in committing the offence and the provisions of Section 52-C inserted by the aforesaid Bihar Act barring jurisdiction of the Courts to make orders with respect to possession, delivery, disposal or distribution of the property with regard to which intimation of initiation of confiscation proceeding has been given to the Magistrate having jurisdiction to try the offence, any Court or tribunal has power to make order with regard to release of the forest produce and the vehicles etc. during the pendency of the confiscation proceeding. Secondly, whether the bar created by Section 52-C applies to the application filed under Art





































































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