Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT, J.
Bhagban Singh Parmar – Appellant
Versus
The State of Madhya Pradesh and Others – Respondents
Writ Petition No. 7841 of 2025
Decided On : 10-03-2025
| Table of Content |
|---|
| 1. challenge to confiscation proceedings (Para 1) |
| 2. arguments on advocate appearance in confiscation (Para 2 , 3) |
| 3. court's reasoning on advocate rights (Para 4 , 5) |
| 4. ruling on advocate participation in confiscation (Para 6) |
| 5. order for petition disposition (Para 7) |
ORDER :
1. Petitioner has filed this petition under Article 226 of the Constitution of India, challenging confiscation proceedings and that order contained in Annexure P/5, dated 15.01.2025, by which petitioner was not allowed to engage an Advocate in the case.
2. Counsel for petitioner submitted that petitioner is not provided documents of the case so that he can file the proper application opposing confiscation of the vehicle. Counsel appearing for petitioner further submitted that there is no bar in Section 52 of Indian Forest Act, 1927 to stop an Advocate to appear for his client before authorized officer doing confiscation proceedings. It is submitted that in judgment reported in Kuldeep Sharma vs. State of M.P. 2012 (2) MPLJ 453 as a corollary, Court has stated that Advocates may not appear as no evidence is to be recorded.
3. Government Advocate appearing for respondents/State opposes the prayer and submitted that Advocate cannot appear in proceedings for confiscation in view of the judgment passed by this Court reported in Kuldeep Sharma (supra). Permission to engage counsel has rightly been rejected under Section 52 . It is submitted that there is no cause of action to challenge confiscation proceedings.
4. Heard the counsel for the parties.
5. As per Section 30 of Advocates Act, 1961, Advocates are given right to appear before any Tribunal or person legally authorized to take evidence. In case of confiscation, authority takes evidence from Forest Department and from owner of vehicle involved in forest offence. Recording of statement, affidavits, documents filed before forest officer is evidence and therefore, as per of Advocates Act, Advocates can appear in confiscation proceedings. There is no bar under Section 52 of Indian Forest Act, 1927 from appearance of Advocates in said proceedings. However, Advocates will not have any right to cross-examination on statement or affidavits filed in proceeding of confiscation.
6. In view of Section 30 of Advocates Act, 1961 and Section 52 of Indian Forest Act, 1927, Advocates can appear before authorized forest officer in confiscation proceedings. Order of D.F.O. dated 15.01.2025 is quashed. Petitioner is granted liberty to file an application to get documents from office of Forest Ranger, Niwari and file its evidence.
7. Petition is disposed off.
AI
Advocates are permitted to appear in confiscation proceedings under the Advocates Act, 1961, without the right to cross-examine, despite the provisions of the Indian Forest Act, 1927.
The court ruled that failure to actively participate in legal proceedings warrants vehicle confiscation, emphasizing the owner's duty to demonstrate diligence in preventing its misuse.
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....
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 owner's liability in forest-offense cases is strict, requiring proof of non-involvement; mere denials are insufficient to overturn administrative actions.
Confiscation of forest produce is discretionary and must consider circumstances affecting its necessity.
When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce together with all tools, boats, carts or cattle used in committing any such off....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
