IMPORTANT POINT
Vehicle owners are liable for illegal activities conducted with their vehicles, and ecological protection necessitates strict enforcement of relevant laws.

ORDER :

This application under section 482 of Criminal Procedure Code has been filed against order dated 4-12-2023 passed by Third Additional Sessions Judge, Shahdol in Criminal Revision No. 37/2023 arising out of order passed by Appellate Officer-cum-Chief Conservator of Forest, Circle Shahdol in Case No. 6/2023 by which appeal filed by applicants against confiscation of their vehicle was dismissed.

2. It is the case of applicants that tractor and trolley of applicants were seized on the allegations that sand was being transported in an illegal manner and the Driver of the tractor was not having relevant documents and accordingly, POR No. 10610/2007 was registered against the accused for offence under sections 2(4)(b), 33(1)(b) and 52 of Indian Forest Act.

3. It is submitted by counsel for applicants that applicants were not aware of the illegal activities of the Driver. The applicants in response to show cause notice had also submitted that they are ready to deposit the cost of compensation for the damages caused by their Driver to forest area and without appreciating the defence of applicants as well as readiness and willingness expressed by applicants to compensate the loss caused to forest area, tractor was confiscated by the prescribed authority. The appeal filed by applicants was also dismissed by Appellate Authority by order dated 4-7-2023 passed in Case No. 6/2023 and the revision filed by applicants has also been dismissed by order dated 4-12-2023 passed by Third Additional Sessions Judge, Shahdol in Criminal Revision No. 37/2023. It is submitted by counsel for applicants that State Government had formulated a policy that after depositing penalty the vehicle can be released and applicants are ready to deposit the amount.

4. Considered the submissions made by counsel for applicants.

5. The Supreme Court in the case of Jayant and others vs. State of M. P., reported in (2021) 2 SCC 670 has held as under :

“17. Now so far as the submission on behalf of the private appellant violators that in view of the fact that the violators were permitted to compound the violation in exercise of powers under Rule 53 of the 1996 Rules or Rule 18 of the 2006 Rules and the violators accepted the decision and deposited the amount of penalty determined by the appropriate authority for compounding the offences/violations, there cannot be any further criminal proceedings for the offences under sections 379 and 414 Indian Penal Code and sections 4/21 of the MMDR Act and the reliance placed on section 23-A of the MMDR Act is concerned, it is true that in the present case the appropriate authority determined the penalty under Rule 53 of the 1996 Rules/Rule 18 of the 2006 Rules, which the private appellant violators paid and therefore the bar contained in sub-section (2) of section 23-A of the MMDR Act will be attracted.

17.1. Section 23-A as it stands today has been brought on the statute in the year 1972 on the recommendations of the Mineral Advisory Board which provides that any offence punishable under the MMDR Act or any Rules made thereunder may, either before or after the institution of the prosecution, be compounded by the person authorised under section 22 to make a complaint to the Court with respect to that offence, on payment to that person, for credit to the Government, of such sum as that person may specify. Sub-section (2) of section 23-A further provides that where an offence is compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith. Thus, the bar under sub-section (2) of section 23-A shall be applicable with respect to the offences under the MMDR Act or any Rules made thereunder.

17.2. However, the bar contained in sub-section (2) of section 23-A shall not be applicable for the offences under Indian Penal Code, such as, sections 379 and 414, Indian Penal Code. In th