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CALCUTTA HIGH COURT, IN THE CIRCUIT BENCH AT JALPAIGURI
RAI CHATTOPADHYAY
Md. Rehan Alam – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1) Confiscation of the vehicle of the petitioner, allegedly being involved in a forest offence, is under challenge in this case along with the order of the “Authorised Officer”, confiscating the same, as well as the judgment of the Additional District and Sessions Judge, 1st Court at Darjeeling dated September 4, 2023 in Misc. Appeal No. 7 of 2022, thereby upholding the order of confiscation of the vehicle and rejecting the prayer of the petitioner for return of the seized vehicle.
2) The sole question involved in this case is whether confiscation of the vehicle under the provisions of the Indian Forests Act 1927, as amended by the West Bengal Amendment Act, would be or not subject to the substantial and procedural criminal laws.
3) With the factual background of the case, necessary to be dealt with for proper adjudication thereof be narrated as herein below.
4) The petitioner is the registered owner of a truck bearing number BR-11-GB-8714. This same was detained by the Assistant Divisional Officer, Kurseong, on March 19, 2021, on the allegation of illegal and unauthorisedly mining of the forest produce, that is, boulders from the riverbed. The alleged o
The Authorized Officer must follow the procedural requirements of the Indian Forest Act, including providing opportunities for cross-examination and issuing reasoned orders, to ensure compliance with....
Point of Law : 14. 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....
The main legal point established in the judgment is the court's use of inherent jurisdiction under section 482 of the Code to correct the error of law and set aside the illegal confiscation under the....
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....
The main legal point established in the judgment is the requirement for reasonable exercise of discretionary power by the forest officer in ordering confiscation of forest produce and the provision f....
Confiscation of forest produce is discretionary and must consider circumstances affecting its necessity.
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