1. J. K. Johnson VS Principal Chief Conservator of Forests, Hyderabad - 29 Mar 05

, vessel, weapon etc., that has been used in connection of said offence - Admittedly in this case, no trial or conviction has been ... and riffles cannot be forfeited - Conservator directed to release vehicle and riffles - Writ Petition, allowed. ... Compounding of offence is only against persons but not against seized goods - Court trying offence may order for forfeiture of vehicle ... , vessel, weapon, trap or tool that has been used in connection with the said offence to the State. ... , vessel, weapon, tool etc. ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act,

India - Andhra

2. The District Forest Officer VS M. Irulappan - 03 Nov 04

District Forest Officer has no power to confiscate vehicle automatically.

of vehicle-Writ petition allowed-Appeal filed also dismissed. ... Tamil Nadu Forest Act, 1882-Sections 39(1) (b) and 54-Confiscation of vehicle-Writ petition-Held, there cannot be automatic confiscation ... According to the Forest Department, the vehicle, vessels, weapon, trap or tool which are used for committing an offence are liable ... to be seized as per Section 39(1)(d) of the Act, and the animal or any vehicle, vessel, weapon, trap or tool used in such hunting ... It is true that as per Section 39(1)(b) of the Act, any animal or any vehicle, vessel, weapon, trap or tool used in such hunting

India - Madras

3. Chuana Parida VS State of Orissa - 20 May 05

, vessel, weapon, trap or tool used in such hunting) shall be the property of the Central Government. ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act, ... , vessel or weapon, used in commission of the said offence be forfeited to the State Government and that any licence or permit, held

India - Orissa

4. Harbans Singh @ Bhola VS State of Punjab - 05 Apr 18

that he was driving – No empty cartridges or any bullet was recovered from the spot – The weapon allegedly used for the commission ... 1860, S.307 – Attempt to Murder – Gunshot—Appeal against Acquittal – No bullet found to have hit either the complainant or the vehicle ... The weapon allegedly used for the commission of offence was also not recovered by the prosecution ... The record reveals that no bullet is found to have hit either the complainant or the vehicle that he was driving. ... 3200, which belonged to his friend Ravinder Singh @ Doctor, at about 9:30 P.M, Harwinder Singh @ Bhajan signalled him to stop the vehicle

India - Punjab

5. Mujahid Ahmed VS State of Telangana - 15 Dec 21

Point of Law : On the basis of seizure and mere accusations/allegations, Section 39(1)(d) of the 1972 Act cannot be allowed to operate and if it is so done, it would be hit by the constitutional provisions.

Respondent No. 2 contended before Trial Court that subject vehicle was seized under the provisions of Act, 1972 and Magistrate cannot ... Finding of the Court:Seeking interim custody of subject vehicle and learned Magistrate ... back to the learned Junior Civil Judge - cum - Judicial Magistrate of First Class, Chevella, with a direction to release subject vehicle ... , vessel, weapon, trap or tool used in such hunting shall be the property of the Central Government. ... weapon used for committing any offence under the Act, 1972 can be seized by the authorised officer. ... ii) Section 39(1)(d) provides that any vehicle, vessel, weapon, trap

India - Telangana

6. Mohammed Ismail VS State of Kerala - 19 Jul 04

Wild Life (Protection) Act,1972 – Sections 51(5), 52(1) and 61A – Writ Petition is whether the Judicial Magistrate, before whom a vehicle ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of the Act, ... , vessel or weapon used for committing any such offence and unless he is satisfied that such person will appear and answer any charge ... S.39(d) of the Wild Life (Protection) Act, 1972 provides, inter alia, that any vehicle used for

India - Kerala

7. Rakesh @ Pintya Ramesh Rane VS State of Maharashtra - 01 Oct 21

Long delay in holding test identification parade will weaken prosecution case.

There is doubt regarding the recovery of the weapon ... He deposed that P.W.8- Baba and P.W.20- Ajay Thakur came there by another vehicle.

India - Crimes

8. State of Maharashtra, through Assistant Wild Life Warden and Range Forest Officer VS Gajanan s/o Dajiba Jambhulkar - 09 Jul 01

vehicle on supardari and should not adopt casual approach in order the release of vehicle. ... on supardari- Where the vehicle is involved in the offence under the Act while releasing the vehicle on supardari court is bound ... Wild Life ( Protection ) Act, 1972 ... Sections 39 and 51- Release of vehicle ... , vessel or weapon, used in the commission of the said offence. ... Section 39 of the Wild Life Protection Act, and in particular Clause (d) of section 39 lays down that, vehicle, vessel, weapon, trap ... need not deprive the respondent of the possession of the vehicle.

India - Bombay

9. NAVJOT SINGH SIDHU VS STATE OF PUNJAB - 23 Jan 07

— Blow given by fists and no weapon of any kind used — Cause of death not given in post mortem report — Statement of eye witness ... temper and started giving abuse on account of objection raised by the occupants of Maruti car due to obstruction being caused by the vehicle ... Blows by fist are alleged to have been given and no weapon of any kind has been used. ... On this the appellant Navjot Singh Sidhu got out of the Gypsy vehicle and after abusing ... overtake the Gypsy, it turned and blocked the way, on which Gurnam Singh and others asked the occupants of Gypsy to move their vehicle

India - Uttarakhand

10. Meghnath Sahu S/o Shri Nanduram Sahu VS State Of Chhattisgarh - 16 Nov 21

mere seizure of any property including vehicle on the charge of commission of an offence would not make property to be of the State Government under Section 39(1)(d) of the Act of 1972, unless there is finding returned by the criminal court that said vehicle seized has been used for committing offence.

Criminal Procedure Code, 1973 - Section 457 -Wild Life Protection Act, 1972 against- Section 9 and 52-Release of vehicle ... , vessel, weapon, trap or tool used in such hunting] shall be the property of the Central Government. ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act, ... , vessel or weapon, used in the commission of the said offence be forfeited to the State Government and that any licence or permit

India - Chhattisgarh