Confiscation of a vehicle under Section 55 of the Rajasthan Forest Act, 1953, is contingent upon the conviction of the offender; therefore, the bar to jurisdiction regarding the release of the vehicle does not operate until such conviction occurs.

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.66/2022, whereby revision petition preferred by the petitioner was dismissed. The revision petition was preferred against the order dated 13.05.2022 passed by Appellate Authority-cum-Chief Forest Conservator, Jaipur, who dismissed the appeal preferred by petitioner against order dated 09.07.2021 passed by Authorized Authority-cum-Assistant Forest Conservator, Jhunjhunu, whereby the Authorized Authority-cum-Assistant Forest Conservator confiscated Pickup bearing registration No.RJ-18-GB-4698, used in transporting illegal debris from the forest area as a result of which the said vehicle was confiscated u/s 30, 32, 41 & 42 of Rajasthan Forest Act, 1953 and for violating the provisions contained under Section 2 of Forest Conservation Act, an FIR No. 388/31/2021 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 Pickup bearing registration No. RJ-18-GB-4698. Learned counsel for the petitioner has submitted an application was filed for release of the Pickup, in question, on ’Supurdginama’ but instead of passing an order on interim custody of vehicle Authorized Authority-cum-Assistant Forest Conservator, Jhunjhunu, passed an order dated 09.07.2021 with regard to to an application submitted before it and the same was dismissed on the above mentioned date. This order was affirmed by Appellate Authority-Cum-Chief Forest Conservator without mentioning award about the prayer of interim custody of the said vehicle. The Court of Additional District & Sessions Judge, No.7, Jaipur Metropolitan-I in criminal revision petition No.66/2022 also did not consider the matter in crux and passed the impugned order affirming the order passed by Appellate Authority-cum-Chief Forest Conservator, Jaipur, dated 13.05.2022.

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 la