Point of Law – Under the Act, 1967 only an authorised officer or the Divisional Forest Officer under Section 51 of the Act, 1967 can temporarily release any property used to commit an offence.

ORDER :

The present writ petition is filed seeking a direction to declare the action of respondents in registering the case in Preliminary Offence Report (POR) No. 05/01/2021 dated 13.10.2021 booked under Section 20(1)(c)(II)(III) and (VII) of the Telangana Forest Act, 1972 and Section 51(1) of the Wildlife Protection Act, 1972 and under Section 2 (II) and (III) of the Forest (Conservation) Act, 1980 and for a consequential direction to the respondents to release the petitioner’s vehicle JCB bearing No.TS 05FE 0566 by compounding the case.

2. Heard Mr. Ponnam Ashok Goud, learned counsel representing Mr. N. Uma Shankar, learned counsel for the petitioner and learned Government Pleader for Forest appearing on behalf of the respondents.

3. Facts of the Case:

The Petitioner claims to be the owner of a JCB vehicle bearing registration No.TS05FE0566 and chassis No.RAJ3DXSSV02885808 (hereinafter ‘subject vehicle’). He offers the subject vehicle on a rental basis and earns his livelihood. According to the Petitioner, the said subject vehicle was seized by Respondent Nos. 6 and 7 when it was rented out to one Jatavath Thara Singh, accused in POR. The main relief sought by the Petitioner is to set aside the case registered, vide Preliminary Offence Report (POR) No. 05/01/2021 dated 13.10.2021 and release the subject vehicle.

4. Contentions of the Petitioner

i) One Jatavath Thara Singh rented the said vehicle for developmental and cleaning activities on his patta land. The Petitioner had handed over the said vehicle in good faith.

ii) Neither the Petitioner nor his agents were aware about the activities undertaken by the said JatavathThara Singh. They were also not aware about the area being Reserve Forest.

iii) Under Section 44 of the Telangana Forest Act, 1967 (hereinafter the Act, 1967), an order of confiscation of property shall be preceded by a notice in writing informing the grounds of seizure to the person from whom the property is seized. The person from whom the property is proposed to be seized and confiscated shall be given an opportunity of hearing and making a representation.

iv) Neither a notice was given nor any explanation was called for, nor any opportunity of hearing was given either to the owner or the accused persons before passing confiscation order.

v) The Petitioner never indulged in any illegal activities and the seized subject vehicle is the only source and livelihood. If the subject vehicle is not released, he and his family will suffer from injustice and financial constraints.

vi) If the subject vehicle is kept idle for long period it will be damaged beyond repair and will end up as scrap.

vii) The Petitioner is ready to pay the penalty of Rs.7660/- and undertakes not to be involved in a similar offence in future.

viii) The Petitioner will not change the physical features of the subject vehicle and will not create any charge or mortgage or sell the subject vehicle.

ix) The Court be pleased to release the subject vehicle forthwith on payment of compounding fees and suspend the operation of Preliminary Offence Report (POR) No. 05/01/2021 dated 13.10.2021.

5. Contentions of Respondents

i) The said vehicle was seized on the grounds of illegal trespass by JatavathThara Singh in Reserved Forest area Compt No.126 of Yelamalamandha beat of Bollaram section (Amrabad Tiger Reserve) and clearance of jungle growth by removing tress of species Billudu and Jana for illegal cultivation.

ii) The actions of Jatavath Thara Singh constitute an offence under Section 20(1)(c)(II)(III) and (VII) of the A.P. Forest Act, 1972 and Section 51(1) of the Wildlife Protection Act, 1972 and under Section 2

(II) and (III) of the Forest (Conservation) Act, 1980.

iii) Under Section 51 (1-c) and 54 of the Wild Life Protection Act, the offences are not compoundable.

iv) Any property including a vehicle seized for an offence committed under the Act, 1972 will be treated as Government property under Section 39. Such seized Government property cannot be released.

v)