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DINESH MEHTA
Sahun S/o. Sh. Jameel Khan – Appellant
Versus
State of Rajasthan, Through Public Prosecutor – Respondent
ORDER :
1. By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) the petitioner has challenged order dated 29.04.2022 (hereinafter referred to as the ‘Impugned Order’), passed by learned Special Judge (SC/ST (Prevention of Atrocities Cases), Udaipur, (hereinafter referred to as the ‘Revisional Authority’) whereby, the order dated 08.03.2022, passed by the Divisional Chief Conservator of Forest, Udaipur (hereinafter referred to as the ‘Appellate Authority’), dismissing petitioner’s appeal against the order of confiscation dated 29.11.2021 passed by learned Assistant Conservator of Forest, Udaipur (hereinafter referred to as the ‘Authorised Officer’) has been upheld.
2. Precisely narrated the facts appertain are that on 29.04.2021, at or around 8:15 am, the Police Authority was informed that a truck bearing number RJ-14-GG-7655 (hereinafter referred to as the ‘Confiscated Truck’) is carrying Khair wood illetally from Kherwada to Udaipur. Accordingly, the Police intercepted and seized the truck which was being driven by one Shabbir S/o Bashir Khan. An FIR bearing number 70/2021 dated 29.04.2021, alleging offences
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....
Confiscation of forest produce is discretionary and must consider circumstances affecting its necessity.
The main legal point established is that the owner of a vehicle used in a forest offence may not be held responsible if they can prove lack of knowledge or connivance, as per Section 49(6) of the AFR....
The necessity of complying with mandatory provisions before confiscating property under the Rajasthan Forest Act, 1953, and the prohibition of confiscation if the owner proves lack of knowledge or co....
Confiscation proceedings under the Indian Forest Act bar any court from intervening in property release prior to completion of proceedings, affirming jurisdiction is constrained under specific statut....
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 court emphasized the necessity of establishing the involvement in a forest offence before passing an order of confiscation under the Indian Forest Act.
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