The discretionary power of the Authorised Officer in imposing penalties and the consideration of special circumstances in confiscation cases.

Alok Verma, J.

1. This application filed under Section 482 Cr.P.C. is directed against the order passed by the Authorised Officer under Indian Forest Act dated 08.12.2015 whereby the learned Authorised Officer confiscated blocks of Imli wood weighing 30 quintal and tractor trolley bearing registration No.MP42-6806.

2. An appeal was filed before the Appellate Authority which was disposed of by order dated 27.05.2016. This appeal is also dismissed and finally, the present applicant filed a revision before the Sessions Court which was disposed of by 10th Additional Sessions Judge, Ujjain in Criminal Revision No.126/2016 whereby the learned Additional Sessions Judge found that at the time of incident, the Forest produced the wooden blocks of Imli wood was being transported in violation of provisions of Madhya Pradesh Transit (Forest Produce) Rules 2000 (hereinafter referred as 'Rules 2000')

3. The Rule 3 of Rules 2000 provides that if forest produce which includes wood from private land owned by individual is to be transported a transit pass was required. The Clause B of the proviso gives the State Government power to exempt any specie from the operation of provisions of these rules by a notification. It is admitted that in September, 2015, the State Government issued a notification and the wood of Imli (Tamarind Tamarindus Indica) was exempted from the operation of these rules.

4. According to counsel for the present applicant on 14.04.2015, one tractor and one tractor trolley in which blocks of Imli and Panchmel wood were loaded were sent by him from Akodiya to Authorised This tractor was intercepted by the authorised officer and it was alleged that the driver was not having the necessary transit pass under the provisions of said Rules 2000. Subsequently, it is alleged by the applicant that the tractor was changed and for this he lodged a complaint before the higher authorities of the Forest Department and on his complaint, some forest officers were suspended. Infuriated by this as a counter blast, by the impugned order dated 08.12.2015, tractor trolley and the wood were ordered to be confiscated by the Authorised Officer. He preferred an appeal and then revision as aforesaid and lost before both the forums. Aggrieved by this order, the present application is filed.

5. The counsel for the applicant also submits that on the date of incident, the applicant was having a transit pass issued by Gram Panchayat, however, the learned Additional Sessions Judge observed that under the provisions of Rule 4 of Rules 2000 certain species were specified regarding which the Gram Panchayat was authorised to issue the pass. Imli was not included in that, and therefore, the pass even if issued by the Gram Panchayat had no legal force, and therefore, technically the wood was being transported without any valid transit pass.

6. Going through the averments made in the application and also the orders passed by the three courts below, the following positions emerged from the record (i) that the wood was cut from the private land and was the property of a person to whom the land belonged. (ii) the wood was being transported to be used for a domestic purpose and not for any commercial purpose. (iii) the applicant was having a pass from the concerning Gram Panchayat which he believed was authorised to issue such pass, however, it was held by the courts below that the pass was not a valid pass, and therefore, it was found that he was transporting the wood without any valid transit pass. (iv) there is noting on record to show that the vehicle was repeatedly used for commission of forest offence. (v) this apart, the forest offence as per the definition given under the Indian Forest Act includes any violation of rules made therein the Rules 2000 were framed under the provisions of Indian Forest Act, and therefore, violation of any provisions of the Act forms a forest offence for the purpose of Section 52 and the vehicle used in the forest produce is liable