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

is only against persons but not against seized goods - Court trying offence may order for forfeiture of vehicle, vessel, weapon ... offence is compounded without there being any trial either in departmental proceedings or in criminal proceedings, vehicle and ... etc., that has been used in connection of said offence - Admittedly in this case, no trial or conviction has been made - Since ... against this Act, the Court trying the offence may order for forfeiture of the vehicle, vessel, weapon, trap or tool that has been ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act, ... , vessel, weapon, tool etc.

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 ... has been committed and any trap, tool, vehicle vessel or weapon used in the commission of the said offence be forfeited to the State ... , vessels, weapon, trap or tool that has been used for committing the offence.

India - Madras

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

Gahirmatha Marine without being backed by any authority - Release of same - Held, mere seizure of the gillneter on accusation of the offence ... has been committed, and any trap, tool, vehicle, vessel or weapon, used in commission of the said offence be forfeited to the State ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act, ... , vessel, weapon, trap or tool used in such hunting) shall be the property of the Central Government.

India - Orissa

4. 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 ... with respect to hunting in a sanctuary or a National Park or of an offence against any provision of Chapter VA unless such person ... Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (2 of 1958) shall apply to a person convicted of an offence ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of the Act, ... weapon used for committing any such offence and unless he is satisfied that such person will appear and answer any charge which ... may order, inter alia, that the vehicle used for the commission of the offence shall be forfeited to the State Government.

India - Kerala

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 ... weapon used for committing any offence under the Act, 1972 can be seized by the authorised officer. ... , vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act. ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which

India - Telangana

6. 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.

there is finding returned by the criminal court that said vehicle seized has been used for committing offence - proceedings for ... no finding can be recorded that vehicle is being used for commission of offence under the Wild Life Protection Act, 1972 as trial ... is used in commission of offence without conclusion of trial is prima facie, illegal and the same has also been affirmed without ... has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the ... , the properties including vehicle, vessel, or weapon used in the commission of the offence would be forfeited to the State Government ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which

India - Chhattisgarh

7. State of Uttar Pradesh VS Lalloo Singh - 20 Jul 07

The seized property becomes the property of the State Government when the same has been used for commission of an offence under the Act and has been seized.

for commission of an offence under the Act and has been seized – The Magistrate has to see if the official had formed belief on ... reasonable grounds that the person has committed an offence under the Act – It cannot be a routine exercise (Paras 13 and 14) ... ... into account the statutory mandate that the seized property becomes the property of the State Government when the same has been used ... Clause (d) of sub-section (1) of Section 39 deals with a situation when any vehicle, vessel, weapon, trap or tool has been used for ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which

India - Crimes

8. State of U. P. VS Lalloo Singh - 20 Jul 07

Important PointThe seized property becomes the property of the State Government when the same has been used for commission of an offence under the Act and has been seized.

for commission of an offence under the Act and has been seized – The Magistrate has to see if the official had formed belief on ... reasonable grounds that the person has committed an offence under the Act – It cannot be a routine exercise (Paras 13 and 14) ... ... into account the statutory mandate that the seized property becomes the property of the State Government when the same has been used ... Clause (d) of sub-section (1) of Section 39 deals with a situation when any vehicle, vessel, weapon, trap or tool has been used for ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which

India - Supreme Court

9. STATE OF U. P. VS LALLOO SINGH - 20 Jul 07

twin condition are that the vehicle etc. must have been used for committing an offence and has been seized — Mere seizure of the ... , vessel, we ...... trap or toal has been used for committing an offence and has been seized under the provisions of the Act — The ... property without any material to show taht the same has been used for committing an offence does not make the seized property, the ... Clause (d) of sub-section (1) of Section 39 deals with a situation when any vehicle, vessel, weapon, trap or tool has been used for ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which ... weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which

India - Uttarakhand

10. Jagjeet Singh VS State of Maharashtra - 11 Dec 12

... Where alleged offence of carrying cement and spotted deer in a Truck ... has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the ... has been committed and any vehicle, vessel or weapon etc. used in the commission of the said offence be forfeited to the State Government ... , weapon, etc. for commission of the offence.

India - Bombay