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BIRENDRA KUMAR
Gheesu – Appellant
Versus
State of Rajasthan Through PP – Respondent
JUDGMENT
1. A brief background to this petition under Article 226 and 227 of the Constitution of India, is that FIR No.72/2016 (wrongly typed in the FIR as 72/2006) was registered against accused Ayyub, Aadil, Aasif, Gheesu and Nishar with Police Station Kaman in the District of Bharatpur for violation of provisions of Section 30, 32 and 33 of the Rajasthan Forest Act, 1953 (hereinafter referred to as ’the Act of 1953’) having allegations that the accused persons were found cutting the green trees in the forest area and were making way for movement of the vehicle. An L.N.T.(Poklen) machine model No. E.C. 210 B without registration number was also seized alleging the vehicle was being used for commission of the offences under the Act of 1953. The occurrence was allegedly committed in the intervening night of 23rd October, 2015.
2. By order dated 9.3.2016, the competent authority decided to confiscate the said vehicle. The petitioner claiming ownership on the said vehicle challenged the order of confiscation under Section 52A of the Act of 1953 before the appellate authority in Appeal No. 15/2016. The appeal was dismissed by order dated 28.6.2016 and the order of confiscation was confi
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....
The court emphasized the necessity of establishing the involvement in a forest offence before passing an order of confiscation under the Indian Forest Act.
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....
The main legal point established in the judgment is that under the Indian Forest Act, 1927, the burden of proof regarding the knowledge and precautions taken against the use of a vehicle for a forest....
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....
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.
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