Order

1. The petitioner has assailed the impugned order dated 06.09.2022 passed by the Court of Additional District & Sessions Judge, No.7, Jaipur Metropolitan-I in Criminal Revision Petition No.67/2022, whereby revision petition preferred by the petitioner was dismissed. The revision petition was preferred against the order dated 10.05.2022 passed by Appellate Authority-cum-Chief Forest Conservator, Jaipur. By the said order Appellate Authority- cum-Chief Forest Conservator, Jaipur dismissed the application requesting release of the vehicle LNT TATA HITACHI MODEL EX 200iLC HYDRULIC EXCAVATOR WITCH HD BUCKET, in question, on ’Supurdginama’ but instead of passing an order on interim custody of vehicle, Appellate Authority-cum-Chief Forest Conservator, Jaipur, passed an order dated 10.05.2022 with regard to an application submitted before it and the same was dismissed on the above mentioned date. As a result of which the said vehicle was confiscated u/s 30, 32, of Rajasthan Forest Act, 1953, an FIR No. 388/22/2021 was registered on 14.06.2021. It is submitted by learned counsel appearing on behalf of petitioner that the petitioner is registered owner of the said vehicle. The order dated 10.05.2022 was affirmed by Additional District & Sessions Judge, No.7, Jaipur Metropolitan-I passed by Appellate Authority-Cum- Chief Forest Conservator, Jaipur without mentioning award about the prayer of interim custody of the said vehicle.

2. I have heard learned counsel appearing for the petitioner as well as learned Public Prosecutor appearing for the State and have perused the material available on record.

3. Under provisions of Section 53 Rajasthan Forest Act, 1953 the seized vehicle can be released on execution by the owner thereof a bond for production of the same when and where directed to produce it, whereas provisions relating to proceedings of the confiscation have been enshrined in Section 52-A to C of the Act of 1953.

Section 55 of the Rajasthan Forest Act, 1953 reads as follows:-

“55. Forest Produce, tools etc. when liable to confiscation:-(1) All timber or forest produce which is not the property of State Government and in respect of which a forest offence has been committed, and all machinery, arms, tools, boats, cattle, vehicle, ropes, chains or any other article used in committing any forest offence, shall, subject to the provisions of Section52, 52A, 52B and 52C be liable to confiscation upon conviction of the offender for such forest offence.]

(2) Such confiscation may be in addition to any other punishment prescribed for such offence.”

4. On conjoint reading of all the relevant provisions of the Rajasthan Forest Act, it is clear that the vehicle used for transportation of forest produce without valid permit can be very much seized by the concerned Forest Officer and the same can be confiscated as well but confiscation can be ordered only after conviction of the offender for such forest offence subject to the procedure laid down under Section52A-C.

The provisions of Section 52 (C) of the Rajasthan forest Act, 1953 reads as follows:

“52-(C) Bar to jurisdiction of Court, etc. under certain circumstances.- (1) On receipt of intimation under subsection (4) of section 52 about initiation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property, which is subject matter of confiscation, has been made, no court, tribunal or authority (other than the authorised officer, the Appellate Authority and the Court of Sessions referred to in sections 52, 52A and52B), shall have jurisdiction to make orders with regard to possession, delivery, disposal, or distribution of the property in regard to which proceedings for confiscation are initiated under Section 52, notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force.

Explanation.- Where under any law for the time bei