THE STATE OF MADHYA PRADESH versus UDAY SINGH on 26 March 2019

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SUPREME COURT REPORTS

[2019] 6 S.C.R.

ATHE STATE OF MADHYA PRADESH

v.

UDAY SINGH

(Criminal Appeal No. 524 of 2019)

BMARCH 26, 2019

[DR. DHANANJAYA Y CHANDRACHUD AND

HEMANT GUPTA, JJ.]

Forest Act, 1927: ss. 52(substituted by MP Act 25 of 1983),C52A – Seizure of property liable to confiscation and procedurethereof – Seizure of tractor and trolley involved in illegal excavationof sand from Chambal river – Confiscation proceedings initiated interms of s. 52(3) – Jurisdiction of the Magistrate u/s. 451 CrPC toorder interim release of the seized vehicle – Held: Procedure isgoverned by ss. 52 and 52A – Magistrate has no jurisdiction u/s.D451 CrPC to direct release of the seized vehicle – Order passed bythe High Court u/s. 482 CrPC directing the Magistrate to pass ordersfor interim release of the seized vehicle set aside – Code of CriminalProcedure, 1973 – ss. 451, 482.

Allowing the appeals, the Court

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HELD: 1.1 Under sub-section (1) of Section 52 of the ForestAct, 1927 where there is a reason to believe that a forest offencehas been committed in respect of any reserved or protected forestor forest produce, the produce, and all tools, boats, vehicles orarticles used in committing the offence may be seized by any ForestFOfficer or Police Officer. Under sub-section (2), the officer seizingthe property is required to place a mark of seizure and producethe property before the Authorised Officer or, where it is notpracticable to produce the property seized, make a report to theAuthorised Officer. Where it is intended to launch criminalGproceedings against the offender immediately, a report of theseizure has to be made to the Magistrate having jurisdiction totry the offence on account of which the seizure has been made.Sub-section (3) stipulates that subject to sub-section (5), theAuthorised Officer may upon being satisfied that a forest offencehas been committed upon the production of the property seizedH

or on the receipt of a report about the seizure, order the forestproduce so seized, together with all tools, vehicles, boats or articleused in the commission of the offence to be confiscated. No orderof confiscation can be made unless the conditions mentionedunder sub-section (4) are complied with. Those conditions are:the Forest Officer must send an intimation in the form prescribedabout the initiation of proceedings for confiscation of the propertyto the Magistrate having jurisdiction to try the offence; theissuance of a notice to the person from whom the property hasbeen seized or any other person who appears to have an interestin the property; Affording a reasonable opportunity of making arepresentation against the proposed confiscation; and furnishingof an opportunity of being heard to the officer effecting the seizureand to the person to whom a notice has been given. Sub-section(5) provides that no order for confiscation can be passed if theperson to whom a notice has been issued under clause (b) of sub-section (4) proves that the tools, vehicles, boats or article wereused without her knowledge or connivance and that reasonableand necessary precautions had been taken against their use forthe commission of a forest offence. [Para 9][166-D-H; 167-A-D]

1.2 Section 52-A provides an appellate remedy to a personaggrieved to the Conservator of Forests, against an order ofconfiscation. Significantly, under sub-section (4) of Section 52-A,the Appellate Authority is empowered to pass orders of an interimnature for the custody, preservation or disposal of the subjectmatter of the confiscation. Section 52-B provides for the remedyof a revision before the Court of Sessions against an order of the

Appellate Authority. Section 53 deals with the power to releaseproperty which is seized under Section 52. This provision wassubstituted by MP Act 7 of 2010. Prior to the substitution, Section53 stipulated the release of the property seized on the executionof a bond, for the production of the property, when required, beforethe Magistrate having jurisdiction to try the offence. UnderSection 60, the property which has been confiscated by anAuthorised Officer under Section 52 is to vest in the government,subject to the result of the proceedings before the AppellateAuthority under Section 52 or upon suo motu action under Section52-A or a revision before the Court of Sessions u/s 52-B.[Para 10][167-D; 169-B; 171-A-B]

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A1.3 Distinct from the proceedings for confiscation envisagedunder the Forest Act are those relating to criminal prosecution,as amended by the State of Madhya Pradesh. Section 52(2)stipulates that where it is intended to launch a criminal proceedingagainst an offender immediately, a report of the seizure has to bemade to the Magistrate having jurisdiction to try the offence.BWhere the property which has been seized under Section 52 isreleased by an Authorised Officer under Section 53, it must beupon execution of security in such form as may be prescribed,equal to the value of the property, so as to ensure the productionof the property when required before the Magistrate havingCjurisdiction to try the offence. On receipt of a report under Section52(2), Section 54 stipulates that the Magistrate must take allmeasures necessary for the arrest and trial of the offender andthe disposal of the property according to law. This proviso issignificant, because before passing any order for disposal of the property, the Magistrate must be satisfied that no intimation hasDbeen received under Section 52(4). Section 55 provides that uponthe conviction of the offender for a forest offence, the forestproduce together with tools, boats, vehicles and otherarticles used for its commission shall be liable to confiscation,subject to the provisions of Sections 52, 52-A, 52-B and 52-C.E[Para 12, 13][173-D-G; 174-B-D]

1.4 The intent of the State Legislature is emphasised bythe provisions contained in the proviso to Section 54 as well asin sub-section (1) of Section 55. Under Section 52(2) where it isintended to launch criminal proceedings against the offender Fimmediately, the officer seizing any property under the Sectionhas to make a report of the seizure to the Magistrate havingjurisdiction to try the offence on account of which the seizure hasbeen made. Upon the conviction of the offender for a forestoffence, Section 55 clearly indicates that the forest produce andall tools, boats, vehicles, articles etc. used in the commission ofGthe forest offence would be liable to confiscation subjectto the provisions of Sections 52, 52-A, 52-B and 52-C.[Para 14][174-F-G]

1.5 Specific provisions have been made for the seizure andconfiscation of forest produce and of tools, boats, vehicles andHarticles used in the commission of offences. Upon a seizure under

Section 52(1), the officer effecting the seizure has to eitherproduce the property before the Authorised Officer or to make areport of the seizure under sub-section (2) of Section 52. Uponbeing satisfied that a forest offence has been committed, theAuthorised Officer is empowered, for reasons to be recorded, toconfiscate the forest produce together with the tools, vehicles,boats and articles used in its commission. Before confiscatingany property under sub-section (3), the Authorised Officer isrequired to send an intimation of the initiation of the proceedingsfor the confiscation of the property to the Magistrate havingjurisdiction to try the offence. Where it is intended to immediatelylaunch a criminal proceeding, a report of the seizure is made tothe Magistrate having jurisdiction to try the offence. The orderof confiscation under Section 52(3) is subject to an appeal underSection 52-A and a revision under Section 52-B. Sub-section (5)of Section 52-B imparts finality to the order of the Court ofSessions in revision notwithstanding anything contained to thecontrary in the CrPC and provides that it shall not be called intoquestion before any court. Section 52-C stipulates that on thereceipt of an intimation by the Magistrate under sub-section (4)of Section 52, no court, tribunal or authority, other than anAuthorised Officer, an Appellate Authority or Court of Sessions(under Sections 52, 52-A and 52-B) shall have jurisdiction to passorders with regard to possession, delivery, disposal or distributionof the property in regard to which confiscation proceedings havebeen initiated. Sub-section (1) of Section 52-C has a non-obstanteprovision which operates notwithstanding anything to the contrarycontained in the Forest Act 1927 or in any other law for the timebeing in force. The only saving is in respect of an officer dulyempowered by the State government for directing the immediaterelease of a property seized under Section 52, as provided inSection 61. Hence, upon the receipt of an intimation by theMagistrate of the initiation of confiscation proceedings under sub-section (4)(a) of Section 52, the bar of jurisdiction under sub-section (1) of Section 52-C is clearly attracted. The schemecontained in the amendments enacted to the Forest Act 1927 inrelation to the State of Madhya Pradesh, makes it abundantlyclear that the direction which was issued by the High Court inthe instant case, in a petition under Section 482 CrPC, to the AB

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AMagistrate to direct the interim release of the vehicle, whichhad been seized, was contrary to law. The jurisdiction underSection 451 CrPC was not available to the Magistrate, once theAuthorised Officer initiated confiscation proceedings.[Para 26][185-A-H; 186-A-B]

B1.6 The Madhya Pradesh amendments to the Forest Act1927 are infused with a salutary public purpose. Protection offorests against depredation is a constitutionally mandated goalexemplified by Article 48A of the Directive Principles and theFundamental Duty of every citizen incorporated in Article 51A(g).By isolating the confiscation of forest produce and theCinstruments utilised for the commission of an offence from criminaltrials, the legislature intended to ensure that confiscation is aneffective deterrent. The absence of effective deterrence wasconsidered by the Legislature to be a deficiency in the legalregime. The state amendment has sought to overcome thatDdeficiency by imposing stringent deterrents against activitieswhich threaten the pristine existence of forests in MadhyaPradesh. As an effective tool for protecting and preservingenvironment, these provisions must receive a purposiveinterpretation. For, it is only when the interpretation of law keepspace with the object of the Legislature that the grave evils whichEpose a danger to natural environment can be suppressed. Theavarice of humankind through the ages has resulted in an alarmingdepletion of the natural environment. The consequences ofclimate change are bearing down on every day of our existence.Statutory interpretation must remain eternally vigilant to the dailyFassaults on the environment. The impugned judgment and orderof the High Court is set aside. [Para 27, 28][186-B-F]

State of Madhya Pradesh v Madhukar Rao (2008) 14SCC 624 : [2008] 1 SCR 413 ; Divisional Forest Officerv GV Sudhakar Rao (1985) 4 SCC 573 : [1985] 3 Suppl.GSCR 680 ; State of Karnataka v KA Kunchindammed(2002) 9 SCC 90 : [2002] 3 SCR 162 ; State of WestBengal v Sujit Kumar Rana (2004) 4 SCC 129 : [2004]1 SCR 870 ; State of Madhya Pradesh v Kallo Bai(2017) 14 SCC 502 ; State of AP v PK Mohammad(1978) 1 APLJ 391 ; Mohd Yaseen v Forest RangeHOfficer, Flying Squad, Rayachoti (1980) 1 ALT 8 ; Kailash Chand v State of MP (1995) AIR (MP) 1 ;Ramkumar Sahoo v State of Madhya Pradesh WP No18818 of 2017 decided on 15.02.2018 – referred to.

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CRIMINAL APPELLATE JURISDICTION : Criminal AppealNo. 524 of 2019.

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From the Judgment and Order dated 29.07.2011 by the High Courtof M.P., Bench at Gwalior in Misc. Crl. Case No. 5171/2011.

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Criminal Appeal No. 525 of 2019

Criminal Appeal Nos. 1362-1363 and 1364 of 2012

Varun K. Chopra, Dy. Adv. Gen., Gurtej Pal Singh,Mrs. Swarupama Chaturvedi, Advs. for the Appellant.

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Jitesh P. Gupta, Ms. Praveena Gautam, Advs. for the Respondent.

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J.

1. Leave granted in the Special Leave Petitions.

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Criminal Appeal No.524 of 2019 @ SLP (Crl.) No.2001 of 2002:

2. This appeal arises from a judgment of a learned Single Judgeof the High Court of Madhya Pradesh at its Gwalior Bench dated 29July 2011. Allowing a petition under Section 482 of the Code of Criminal H

AProcedure 1973[1], the High Court set aside a revisional order dated 16June 2011 of the Additional Sessions Judge, Morena. The AdditionalSessions Judge had confirmed an order of the Judicial Magistrate FirstClass[2], Ambah dismissing an application under Section 451 of the CrPCseeking the release of a tractor and trolley which had been seized forbeing involved in the illegal excavation of sand from the Chambal river.B

3. On 26 March 2011, the Forest Officer apprehended a tractorand trolley belonging to the respondent alleged to have been carryingsand illegally excavated from a restricted area of Dalijeet Pura Ghat atthe National Sanctuary, Chambal without permission and in the absenceof a transit pass. The tractor and trolley was seized together with theCsand by the officers of the Forest Department under Sections 41, 52 and52-A of the Indian Forest Act, 1927[3]and Sections 27, 29, 39(1)(d), 51and 52 of the Wildlife Protection Act, 1972. Intimation of the seizurewas given to the Magistrate under Section 52 of the Indian Forest Act,1927 on 27 March 2011. The respondent moved an application[4]underDSection 451 of the CrPC[5]before the JMFC, Ambah for interim releaseof the seized vehicle. The Magistrate dismissed the application by anorder dated 21 April 2011. A Criminal Revision[6] met with the same fatebefore the District and Sessions Judge, Morena on 16 June 2011. Therespondent then instituted proceedings under Section 482 of the CrPC[7]before the High Court of Madhya Pradesh at its Gwalior Bench. By aEjudgment dated 29 July 2011, the High Court directed the Magistrate to 1 “CrPC”

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3 “Indian Forest Act”

4 Application No 9661 of 2009F5 “

5 “Section 451 - Order for custody and disposal of property pending trial incertain cases. — When any property is produced before any Criminal Court during aninquiry or trial, the Court may make such order as it thinks fit for the proper custodyof such property pending the conclusion of the inquiry or trial, and, if the property issubject to speedy and natural decay, or if it is otherwise expedient so to do, the Courtmay, after recording such evidence as it thinks necessary, order it to be sold or otherwiseGdisposed of.Explanation. — For the purposes of this section, “property” includes—(a) property of any kind or document which is produced before the Court or which isin its custody.

(b) any property regarding which an offence appears to have been committed orwhich appears to have been used for the commission of any offence”

6 68 of 2011H7 Miscellaneous Criminal Case No. 5171 of 2011

pass orders for the interim release of the vehicle. The State of MadhyaPradesh has instituted these proceedings under Article 136 of theConstitution to assail the judgment of the High Court.

4 The grievance of the State of Madhya Pradesh is that similarorders have been passed by the High Court directing the Magistrate torelease seized vehicles, relying on a decision of this Court in State ofMadhya Pradesh v Madhukar Rao[8]. According to the State, inMadhukar Rao, this Court interpreted the provisions of the WildlifeProtection Act, 1972 and came to the conclusion that the Magistrate hasthe power and jurisdiction under Section 451 of the CrPC to order interimrelease of a seized vehicle. On the other hand, it has been submitted thatthe present case and other cases of its genre are governed by theprovisions of the Indian Forest Act 1927 as amended in relation to theState of Madhya Pradesh by MP Act 25 of 1983. The submission is thatthe confiscation proceedings have been initiated in terms of Section 52(3)and hence the procedure is governed by Sections 52 and 52-A.Consequently, the jurisdiction of the Magistrate under Section 451 of theCrPC would (it has been urged) stand excluded. Elaborating on the abovesubmissions, learned counsel appearing on behalf of the appellant hasrelied on the decisions of this Court in: (i) Divisional Forest Officer vGV Sudhakar Rao[9], (ii) State of Karnataka v KA Kunchindammed[10],(iii) State of West Bengal v Sujit Kumar Rana[11]; and (iv) State ofMadhya Pradesh v Kallo Bai[12].

5. Learned counsel appearing on behalf of the appellant submitted that:

(i) Section 52 of the Forest Act provides that when a forestoffence has been committed in respect of any forest produce,the produce together with all tools, boats, vehicles, ropes,chains or any other article used in committing the offencemay be seized by any Forest Officer. Section 52(3) providesthat subject to sub-section (5), where the Authorised Officer,upon production before him of property seized or upon receiptof a report about seizure, as the case may be, is satisfied 8 (2008) 14 SCC 6249 (1985) 4 SCC 573

10 (2002) 4 SCC 90

11 (2004) 4 SCC 129

12 (2017) 14 SCC 502

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162SUPREME COURT REPORTS

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that a forest offence has been committed in respect thereof,he may order in writing, for reasons to be recorded, theconfiscation of the forest produce so seized together with alltools, vehicles, boats, chains or any other article used incommitting the offence; B(ii)For the State of Madhya Pradesh, MP Act 25 of 1983substituted the original provisions of Section 52 of the ForestAct, with certain conditions. Sub- section (3) of Section 52as enacted by MP Act 25 of 1983, empowers the AuthorisedOfficer to make an order in writing with reasons confiscatingthe forest produce so seized along with the tools, vehicles orCany other article used in committing the offence. Similarly,for the State of Madhya Pradesh, MP Act 25 of 1983 insertedSection 52-A which provides for an appeal against theorder of confiscation to the Appellate Authority within thirtydays of the order of confiscation being passed by theDAuthorised Officer;

(iii) The High Court has erred in directing the release of theseized vehicle in exercise of its inherent jurisdiction underSection 482 of the CrPC. The High Court failed to appreciatethat in the present case confiscation proceedings have beenEinitiated in terms of sub-section (3) of Section 52 of the ForestAct, and the procedure thereafter would be governed bySections 52 and 52-A. Since the confiscation proceedingshave been initiated by the forest department, in terms ofSection 52(3), the Magistrate in pursuance of the powerconferred under Section 451 of the CrPC cannot directFrelease of the seized vehicle, as the jurisdiction of the criminalcourt stands excluded;

(iv) This Court in Sujit Kumar Rana (supra) has held that onceconfiscation proceedings are initiated, the jurisdiction of thecriminal court stands excluded. Since confiscationGproceedings have been initiated by the forest authorities interms of Section 52(3), the Magistrate cannot order releaseof the vehicle under Section 451 of the CrPC. Similarly, theHigh Court cannot under Section 482 of the CrPC directrelease of the seized vehicle as the jurisdiction of the criminalHcourt stands excluded; and

(v) The legislative intent while inserting the abovementionedAprovisions must be kept in mind. Forests are a national wealthwhich are required to be preserved. In most cases, the Stateis the owner of the forest and forest produce and is enjoinedwith a duty to preserve forests to maintain an ecologicalbalance. Therefore, statutory interpretation of such provisionsBshould have regard to the principle of purposive constructionso as to give effect to the aim and object of the legislature,and keeping the principles contained in Articles 48-A and51-A(g) of the Constitution in mind.

6. On the other hand, it has been urged on behalf of therespondent[13]that Chapter IX of the Forest Act, as amended in itsapplication to the State of Madhya Pradesh, does not oust the jurisdictionof the Magistrate to deal with seized property, once it becomes a part ofevidence at a criminal trial under the CrPC. In this context, it was urgedthat:

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(i) Under Section 52(2), where the intention is to launch criminalproceeding, the report is to be sent only to the Magistratehaving jurisdiction to try the offence and not the AuthorisedOfficer. The expression “officer seizing the property” needsto be distinguished from the expression “authorised officerunder the Act”; E

(ii) The said Authorised Officer can proceed to satisfy herselfwhether a forest offence has been committed or not underSection 52(3), only if the seized property is produced beforethe Authorised Officer. If under Section 52(2), the report ofthe seizure has been sent to the Magistrate, the AuthorisedOfficer cannot decide upon the commission of a forestoffence, as the report of seizure is not before the AuthorisedOfficer; F

(iii) Since Authorised Officers cannot apply themselves towhether the seizure was valid, the circumstance of theGAuthorised Officer passing an order of confiscation doesnot arise at all. It follows that the intimation under Section52(4) cannot be given when there is no confiscation; 13 In SLP (Crl.) No. 5413 of 2013

A(iv) The bar on jurisdiction under Section 52-C only applies afterintimation under Section 52(4) is given. Since the AuthorisedOfficer cannot pass an order of confiscation, the jurisdictionfor trial of a criminal offence and the power to deal with theproperty involved rests with the Magistrate; and B(v)Therefore, there is no scope for parallel proceedings beforeboth the Authorised Officer and the Magistrate, if the officerseizing the property believes that the gravity of the offencecalls for a criminal trial and sends the report of seizure directlyto the Magistrate.

C7. The rival submissions fall for consideration.

8. Section 52 of the Forest Act forms a part of Chapter IX whichdeals with penalties and procedure. In relation to Madhya Pradesh,Section 52 was substituted by MP Act 25 of 1983 and is in the followingterms:

D“52. Seizure of property liable to confiscation and proceduretherefor.—

(1) When there is reason to believe that a forest offence has beencommitted in respect of any reserved forest and protected forestor forest produce, the produce, and all tools, boats, vehicles, ropes,Echains or any other article used in committing such offence, maybe seized by any forest officer or police officer.

(2) Every officer seizing any property under this section shall placeon such property a mark indicating that the same has been soseized and shall, as soon as may be, either produce the propertyseized before an officer not below the rank of an Extra AssistantConservative of Forests by the State Government in this behalfby notification (hereinafter referred to as the authorized officer)or where it is, having regard to the quantity of bulk or other genuinedifficulty, not practicable to produce property seized before theauthorized officer, make a report about the seizure to the authorizedofficer, or where it is intended to launch criminal proceedingsagainst the offender immediately, make a report of such seizureto the magistrate having jurisdiction to try the offence on accountof which the seizure has been made:

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Provided that, when the forest produce with respect to whichoffence is believed to have been committed is the property of theGovernment, and the offender is unknown, it shall be sufficient ifthe officer makes, as soon as may be, a report of the circumstancesto his official superior.

(3) Subject to sub-section (5), where the authorized officer uponproduction before him of property seized or upon receipt of reportabout seizure, as the case may be, is satisfied that a forest offencehas been committed in respect thereof, he may by order in writingand for reasons to be recorded confiscate forest-produce so seizedtogether with all tools, vehicles, boats, ropes, chains or any otherarticle used in committing such offence. A copy of order ofconfiscation shall be forwarded without any undue delay to theConservators of Forests of the forest circle in which the timber orthe forest- produce, as the case may be, has been seized.

(4) No order confiscating any property shall be made under sub-section (3) unless the authorized officer—

(a) sends an intimation in form prescribed about initiation ofproceedings for confiscation of property to the magistrate havingjurisdiction to try the offence on account of which the seizure hasbeen made; (b) issues a notice in writing to the person from whom the propertyis seized, and to any other person who may appear to theauthorized officer to have some interest in such property;

(c) affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time asmay be specified in the notice against the proposed confiscation;and (d) gives to the officer effecting the seizure and the person orpersons to whom notice has been issued under clause (b), a hearingon date to be fixed for such purpose.

(5) No order of confiscation under sub-section (3) of any tools,vehicles, boats, ropes, chains or any other article (other than timberor forest-produce seized) shall be made if any person referred toin clause (b) of sub-section (4) proves to the satisfaction of A

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Aauthorized officer that any such tools, vehicles, boats, ropes, chainsor other articles were used without his knowledge or convenienceor, as the case may be, without the knowledge or convenience ofhis servant or agent and that all reasonable and necessaryprecautions had been taken against use of the objects aforesaidfor commission of forest-offence.B

(6) The seized property shall continue to be under custody untilconfirmation of the order of the authorized officer by the AppellateAuthority or until the expiry of the period for initiating ‘suo motu’action by him whichever is earlier, as prescribed under Section52-A.

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(7) Where the authorized officer having jurisdiction over the caseis himself involved in the seizure or investigation, the next higherauthority may transfer the case to any other officer of the samerank for conducting proceedings under this section.”

D9. Under sub-section (1) of Section 52, where there is a reason tobelieve that a forest offence has been committed in respect of anyreserved or protected forest or forest produce, the produce, and all tools,boats, vehicles or articles used in committing the offence may be seizedby any Forest Officer or Police Officer. Under sub-section (2), the officerseizing the property is required to place a mark of seizure and produceEthe property before the Authorised Officer or, where it is not practicableto produce the property seized, make a report to the Authorised Officer.Where it is intended to launch criminal proceedings against the offenderimmediately, a report of the seizure has to be made to the Magistratehaving jurisdiction to try the offence on account of which the seizure hasFbeen made. Sub-section (3) stipulates that subject to sub-section (5), theAuthorised Officer may upon being satisfied that a forest offence hasbeen committed upon the production of the property seized or on thereceipt of a report about the seizure, order the forest produce so seized,together with all tools, vehicles, boats or article used in the commissionof the offence to be confiscated. No order of confiscation can be madeGunless the conditions mentioned under sub-section (4) are complied with.Those conditions are:

(i) The Forest Officer must send an intimation in the formprescribed about the initiation of proceedings for confiscationof the property to the Magistrate having jurisdiction to tryHthe offence;

(ii) The issuance of a notice to the person from whom theproperty has been seized or any other person who appearsto have an interest in the property; A

(iii) Affording a reasonable opportunity of making arepresentation against the proposed confiscation; and B

(iv) Furnishing of an opportunity of being heard to the officereffecting the seizure and to the person to whom a notice hasbeen given. Sub-section (5) provides that no order forconfiscation can be passed if the person to whom a noticehas been issued under clause (b) of sub-section (4) provesthat the tools, vehicles, boats or article were used withouther knowledge or connivance and that reasonable andnecessary precautions had been taken against their use forthe commission of a forest offence.

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10. Section 52-A provides an appellate remedy to a personaggrieved to the Conservator of Forests, against an order of confiscation.Section 52-A provides as follows:

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“52-A. Appeal against the order of confiscation.—

(1) Any person aggrieved by an order of confiscation may, withinthirty days of the order, or if fact of such order has not beencommunicated to him within thirty days of date of knowledge ofEsuch order, prefer an appeal in writing, accompanied by such feeand payable in such form as may be prescribed and by certifiedcopy of order of confiscation to the Conservator of Forests(hereinafter referred to as Appellate Authority) of the forest circlein which the forest produce, has been seized.

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Explanation. - (1) The time requisite for obtaining certified copyof order of confiscation shall be excluded while computing periodof thirty days referred to in this sub- section.

(2) The Appellate Authority referred to in sub-section (1), may,where no appeal has been preferred before him, “suo motu” withinGthirty days of date of receipt of copy of order of confiscation byhim, and shall on presentation of memorandum of appeal issue anotice for hearing of appeal or, as the case may be, of “suo motu”action to the officer effecting seizure and to any other person H

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(including appellant, if any) who in the opinion of the AppellateAuthority, is likely to be adversely affected by the order of theauthorised officer, and may send for the record of the case:

Provided that no formal notice of appeal need be issued to suchamongst the appellant, officer effecting seizure and any otherperson likely to be adversely affected as aforesaid, as may waivethe notice or as may be informed in any other manner of date ofhearing of appeal by the Appellate Authority.

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(3) The Appellate Authority shall send intimation in writing oflodging of appeal or about “suo motu” action, to the AuthorisedOfficer.

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(4) The Appellate Authority may pass such order of “Interim”nature for custody, preservation or disposal (if necessary) of thesubject matter of confiscation, as may appear to be just or properin the circumstances of the case.

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(5) The Appellate Authority, having regard to the nature of thecase or the complexities involved, may permit parties to the appealto be represented by their respective legal practitioners.

(6) On the date fixed for hearing of the appeal or “suo motu”action, or on such date to which the hearing may be adjourned,the Appellate Authority shall peruse the record and hear the partiesto the appeal if present in person, or through any agent dulyauthorised in writing or through a legal practitioner, and shallthereafter proceed to pass an order of confirmation, reversal ormodification order of the authorised officer:

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FProvided that before passing any final order the Appellate Authoritymay if, it is considered necessary for proper decision of appeal orfor proper disposal of “suo motu” action, make further inquiryitself or cause it to be made by the Authorised Officer, and mayalso allow parties to file affidavits for asserting or refuting anyfact that may arise for consideration and may allow proof of factsGby affidavits.

(7) The Appellate Authority may also pass such orders ofconsequential nature, as it may deem necessary.

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(8) Copy of final order or of order of consequential nature, shallbe sent to the Authorised Officer for compliance or for passingany order appropriate order in conformity with the order of theAppellate Authority.”

Significantly, under sub-section (4) of Section 52-A, the AppellateAuthority is empowered to pass orders of an interim nature for thecustody, preservation or disposal of the subject matter of the confiscation.Section 52-B provides for the remedy of a revision before the Court ofSessions against an order of the Appellate Authority. Section 52-B is inthe following terms:

“52-B. Revision before Court of Sessions against order ofAppellate Authority.—

(1) Any party to the appeal, aggrieved by final order or by orderof consequential nature passed by the Appellate Authority, maywithin thirty days of the order sought to be impugned, submit apetition for revision to the Court of Sessions within the Sessionsdivision whereof the headquarters of the Appellate Authority aresituate. Explanation.—In computing the period of thirty days underthis sub-section, the time requisite for obtaining certified copy ofAppellate Authority shall be excluded.

(2) The Court of Sessions, may confirm, reverse or modify anyfinal order or an order of consequential nature passed by theAppellate Authority.

(3) Copies of the order passed in revision shall be sent to theAppellate Authority and to the Authorised officer for complianceor for passing such further orders or for taking such further actionas may be directed by such Court.

(4) For entertaining, hearing and deciding a revision under thissection, the Court of Sessions shall, as far as may be, exercise thesame powers and follow the same procedure as it exercises andfollows while entertaining, hearing and deciding a revision underthe Code of Criminal Procedure, 1973 (No. 2 of 1974).

(5) Notwithstanding anything to the contrary contained in Codeof Criminal Procedure, 1973 (No. 2 of 1974), the order of theCourt of Sessions passed under this section shall be final and shallnot be called in question before any Court.”

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ASection 52-C contains a bar to the jurisdiction of courts, tribunals andauthorities:

“52-C. Bar of Jurisdiction of court, etc., under certaincircumstances.—

(1) On receipt of intimation under sub-section (4) of section 52about initiation of proceedings for confiscation or property by themagistrate having jurisdiction to try the offence on account ofwhich the seizure of property which is subject matter ofconfiscation, has been made, no Court, Tribunal or Authority (otherthan the authorised officer, Appellate Authority and Court ofSessions referred to in sections 52, 52- A and 52-B) shall havejurisdiction to make orders with regard to possession, delivery,disposal or distribution of the property in regard to whichproceedings for confiscation are initiated under section 52,notwithstanding anything contrary in this Act, or any other law forthe time being in force.

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Explanation.—Where under any law for the time being in force,two or more Courts have jurisdiction to try forest- offence, thenreceipt of intimation under sub-section (4) of section 52 by one ofthe Courts of Magistrate having such jurisdiction shall be construedto be receipt of intimation under that provision by all the CourtsEand the bar to exercise jurisdiction shall operate on all such Courts.

(2) Nothing in sub-section (1) shall affect the power saved undersection 61.”

Section 53 deals with the power to release property which is seizedunder Section 52:F

“53. Power to release property seized under Section 52.-Any Forest-officer of a rank not inferior to that of a Ranger, who,or whose sub-ordinate, has seized any tools, boats, vehicles orany other article Section 52, may release the same on the executionby the owner thereof, of a security in a form as may be prescribedof an amount equal to the value of such property, as estimated bysuch officer, for the production of the property so released, whenso required, before the authorised officer under Section 52 or theMagistrate having jurisdiction to try the offence on account ofwhich the seizure has been made.”

G

H

This provision was substituted by MP Act 7 of 2010. Prior to thesubstitution, Section 53 stipulated the release of the property seized onthe execution of a bond, for the production of the property, when required,before the Magistrate having jurisdiction to try the offence. Under Section60, the property which has been confiscated by an Authorised Officerunder Section 52 is to vest in the government, subject to the result of theproceedings before the Appellate Authority under Section 52 or uponsuo motuaction under Section 52-A or a revision before the Court ofSessions under Section 52-B.

A

B

11. The provisions for seizure and confiscation are depicted inFlow chart I below:

C

Flow Chart I: Seizure and Confiscation

Section 52

Sub-section (1) - Where there is reason to believe that a forest offence hasbeen committed in respect of forest produce, the produce and all tools,ropes, vehicles etc. used in commission of such offence may be seized byDthe Forest Officer.Sub-section (2)EMark the property and produce itWhere it is intended to launch abefore Authorised Officer.criminal proceeding against theOr if the seized property is in bulk,offender, immediately make a reportmake a report to the Authorisedto the Magistrate havingFOfficer.jurisdiction.

Sub-section (3)

G

Subject to sub-section (5), the Authorised Officer upon the production ofthe property seized or report of seizure, on being satisfied that a forestoffence has bee committed, for reasons to be recorded, can confiscate theforest produce so seize together with the vehicle.

ASub-section (4)No order of confiscation may be made unless the Authorised Officersends an intimation to the Magistrate having jurisdiction and issuesBnotice, and grants an opportunity of making representation and hearingto a person from whom property had been seized or who has an interestin such property.Sub-section (5)No order under sub-section (3), shall be made if the person under clauseC(b) of sub- section (4) proves that such tools, vehicles, etc. were usedwithout her knowledge or connivance and all reasonable and necessaryprecautions had been taken against their use.DSection 52-A – Appeal against order of confiscation – Any personaggrieved by the order of confiscation, may prefer an appeal in writingwithin thirty days.ESection 52-B – Revision before Court of Sessions against order ofAppellate Authority –(i) The party aggrieved by the order of the Appellate Authority cansubmit a revision to the Court of Sessions within thirty days.(ii) The Court of Sessions may confirm, reverse or modify the order.F

Section 52-C – Bar to jurisdiction of Court under certain circumstances –(i) No court, tribunal or authority except the Authorised Officer or AppellateGAuthority and Court of Sessions referred under Sections 52, 52-A and52-B shall have jurisdiction to make order in regard to possession, disposal,distribution, or delivery of the property.(ii) Nothing in sub-section (1) shall affect the power saved underSection 61.H

Section 53 – Power to release property seized under Section 52 – A ForestOfficer, not below the rank of Ranger, who or whose subordinate hasseized the property under Section 52, may release it on the execution ofsecurity, equal to the value of such property in a form as prescribed, bythe owner of the property.

Section 60 – Property confiscated under Section 52 shall vest in theGovernment free from all encumbrances upon:

(i) Expiry of period specified for preferring an appeal or for taking ‘suomoto’ action under Section 52-A, whichever is later.

(ii) Expiry of period specified for submitting petition for revision underSection 52-B.

12. Distinct from the proceedings for confiscation envisaged underthe Forest Act are those relating to criminal prosecution, as amended bythe State of Distinct from the proceedings for confiscation envisagedunder the Forest Act are those relating to criminal prosecution, asamended by the State of Madhya Pradesh. Section 52(2) stipulates thatwhere it is intended to launch a criminal proceeding against an offenderimmediately, a report of the seizure has to be made to the Magistratehaving jurisdiction to try the offence. Where the property which hasbeen seized under Section 52 is released by an Authorised Officer underSection 53, it must be upon execution of security in such form as may beprescribed, equal to the value of the property, so as to ensure the productionof the property when required before the Magistrate having jurisdictionto try the offence. On receipt of a report under Section 52(2), Section 54stipulates that the Magistrate must take all measures necessary for thearrest and trial of the offender and the disposal of the property accordingto law. Section 54 provides thus:

“54. Procedure thereupon.- Upon the receipt of any such report,the Magistrate shall, with all convenient despatch, take suchmeasures as may be necessary for the arrest and trial of theoffender and the disposal of the property according to law:

B

C

D

E

F

G

AProvided that before passing any order for disposal ofproperty, the Magistrate shall satisfy himself that nointimation under sub-section (4) of section 52 has beenreceived by his Court or by another Court havingjurisdiction to try the offence on account of which the seizureof property has been made.”

B

(emphasis supplied)

This proviso is significant, because before passing any order fordisposal of the property, the Magistrate must be satisfied that no intimationhas been received under Section 52(4).

C13. Section 55 provides that upon the conviction of the offenderfor a forest offence, the forest produce together with tools, boats, vehiclesand other articles used for its commission shall be liable to confiscation,subject to the provisions of Sections 52, 52-A, 52-B and 52-C:

“55. Forest-produce, tools, etc., when liable to confiscation.-(1) All timber or forest produce which in either case is not theDproperty of the Government and in respect of which a forest-offence has been committed, and all tools, boats, vehicles, ropes,chains or any other article, in each case used in committing anyforest-offence, shall subject to provisions of Sections 52, 52-A,52-B and 52-C, be liable to confiscation upon conviction of theEoffender for such forest- offence.

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

14. The intent of the State Legislature is emphasised by theprovisions contained in the proviso to Section 54 as well as in sub-sectionF(1) of Section 55. Under Section 52(2) where it is intended to launchcriminal proceedings against the offender immediately, the officer seizingany property under the Section has to make a report of the seizure to theMagistrate having jurisdiction to try the offence on account of which theseizure has been made. Upon the conviction of the offender for a forestoffence, Section 55 clearly indicates that the forest produce and all tools,Gboats, vehicles, articles etc. used in the commission of the forest offencewould be liable to confiscation subject tothe provisions of Sections 52,52-A, 52-B and 52-C.

15. Section 56 provides that upon the conclusion of the trial, anyforest produce in respect of which a forest offence has been committedHshall, where it is the property of the government or has been confiscated,

be taken charge of by a Forest Officer and, in any other case, may bedisposed of in such manner as the Court may direct.

16. Section 57 deals with a situation where the offender is notknown or cannot be found. Section 58 deals with the procedure to befollowed in respect of perishable property seized under Section 52.

17. Section 59 provides that the officer making a seizure underSection 52, or any superior or a person claiming to be interested in theproperty seized, may within a month of any order passed under Sections55, 56 or 57 appeal to the Court to which orders made by the Magistrateare ordinarily appealable. Under sub-section (2) of Section 60, where noappeal has been preferred within the period of limitation or where anappeal has been preferred and the order has been confirmed by theappellate Court, the property shall vest with the government free fromall encumbrances.

18. Flow-chart II below indicates the scheme in relation to criminalproceedings under the Forest Act as amended by the State of MadhyaPradesh:

Flow Chart II : Criminal Proceedings

Section 52(2) – Launch of criminal proceedings Where it is intended to launch a criminal proceeding against the offender,the officer seizing the property is to immediately make a report of suchseizure to the Magistrate having jurisdiction to the try the offence.

Section 54

Upon receipt of a report under 52(2), the Magistrate shall take measuresfor arrest and trial of the offender and disposal of property under law.Provided there is no intimation under Section 52(4) with respect toinitiation of confiscation proceedings by the Authorised Officer.

Section 55

Forest produce, vehicles and tools or any other article used in committinga forest offence, shall be liable to confiscation upon conviction of theoffender. Provision subject to Section 52, 52-A, 52-B and 52-C.

A

B

C

D

E

F

G

H

ASection 56Disposal of produce in respect of which offence has been committed, onconclusion of the trial – When a trial of a forest offence is concluded,Bany forest produce in respect of which a forest offence has beencommitted, both property of government or which has been confiscated,are to be taken charge of by the Forest Officer, and in any other case,may be disposed of in such a manner as directed by the Court.CSection 57When an offender is not known, or cannot be found – the Magistratemay order the property to be confiscated and taken charge of by theForest Officer, or the person deemed fit by the Magistrate. No order tobe made for thirty days from the date of seizing or without hearing theDperson, who claims any right thereto.Section 58Procedure as to perishable property seized under Section 52 –ENotwithstanding anything contained hereinbefore, the Magistrate maydirect sale of perishable property and deal with the sale proceeds.Section 59FAppeal from orders under Section 55, 56 or 57 to be made within thirtydays to the Court to which orders made by such Magistrate are ordinarilyappealable. The order passed on appeal shall be final.GSection 60(2)When no appeal is preferred under Section 59 or when the appellatecourt confirms order of confiscation of property, such property shallvest in the government, free from all encumbrances.H

19. Several decisions rendered by this Court have a bearing onthe controversy involved in the present case. In a decision of 1985 inGV Sudhakar Rao (supra), the issue before a two judge Bench of thisCourt was whether the High Court could have taken recourse to Section482 of the CrPC to stay proceedings for the confiscation of illicitly felledforest produce which was seized under the Andhra Pradesh Forest Act,1967 till the disposal of a criminal case pending before the MetropolitanMagistrate, for offences under the Act. This Court upheld the correctnessof the view of a Single Judge of the Andhra Pradesh High Court in Stateof AP v PK Mohammad[14]and of a Division Bench in Mohd Yaseen vForest Range Officer, Flying Squad, Rayachoti[15]that the AndhraPradesh Forest Act, 1967 contemplated two procedures, one for theconfiscation of the goods forming the subject matter of the offence byan Authorised Officer under Section 44 (2A)[16] and the other for the trialof a person accused of the offence so committed under Section 20 or29[17]. Explaining the purpose of the legislation, this Court noted withapproval the view of the High Court in the above cases that the provisionfor confiscation by an Authorised Officer had been enacted in publicinterest to suppress an evil which the legislature wishes to avoid:

“14. We find that a later division bench consisting of Kondaiah,C.J. and Punnayya, J. in Mohd Yaseen v. Forest Range Officer,Flying Squad, Rayachoti [(1980) 1 ALT 8] approved of the viewexpressed by Jeewan Reddy, J. in P.K. Mohammad case [(1978)1 APLJ 391], and held that the Act contemplates two procedures,one for confiscation of goods forming the subject-matter of theoffence by the Authorized Officer under sub-section (2-A) ofSection 44 of the Act, and the other for trial of the person accused of the offence so committed under Section 20 or 29 of the Act.

14 (1978) 1 APLJ 391

15 (1980) 1 ALT 8

16 “(2-A) Where an Authorized Officer seizes under sub-section (1) any timber orforest produce or where any such timber or forest produce is produced before himunder sub-section (2) and he is satisfied that a forest offence has been committed inrespect thereof, he may order confiscation of the timber or forest produce so seized orproduced together with all tools, ropes, chains, boats or vehicles used in committingsuch offence.”

17 Section 20 provides for penalties for trespass or damage in reserved forest andacts prohibited in such forest, and Section 29 provides for the power to make rules to regulate the transitpossession of timber and other forest produce.

A

B

C

D

E

F

G

H

AThe learned Judges held that the Act provides for a specialmachinery for confiscation of illicitly felled timber or forestproduce by the Authorized Officer under sub- section (2-A) of Section 44 enacted in the general public interest tosuppress the mischief of ruthless exploitation ofgovernment forests by illicit felling and removal of teakBand other valuable forest produce.”

(emphasis supplied)

Consequently, the mere fact that there was an acquittal in acriminal trial before a Magistrate due to a paucity of evidence would notCnecessarily result in nullifying the order of confiscation passed by anAuthorised Officer based on a satisfaction that a forest offence hadbeen committed.

20. In 2002, a two judge Bench of this Court in KAKunchindammed (supra) dealt with the provisions of the KarnatakaForest Act 1963. The issue before the Court was whether it is theDAuthorised Officer under that Act or the Magistrate under the CrPCwho is vested with the power to order interim release of forest produceseized under the Act. Section 71[18]contained a savings provision thatallowed an officer duly empowered by the state government to directthe release of property seized under Section 62, which is the property ofEthe government. Section 71-G[19]provided for the bar of jurisdiction, saveand except of the Authorised Officer or the Appellate Authority.Interpreting the provisions of the Karnataka Forest Act, 1963 this Court

18 “71. Saving of power to release property seized.—Nothing hereinbefore containedshall be deemed to prevent any officer empowered in this behalf by the State GovernmentFfrom directing at any time the immediate release of any property seized under Section62, which is not the property of Government, and the withdrawal of any charge madein respect of such property.”

19 “71-G. Bar of jurisdiction in certain cases.—Whenever any timber, ivory, Gulmavu(Machilus Marantha) bark, Dalchini bark, Halmaddi (exudation of AilanthusMalabaricum), canes firewood or charcoal belonging to the State Government or anysandalwood, together with any tool, rope, chain, boat, vehicle or cattle used in committingGany offence is seized under sub-section (1) of Section 62, the authorized officer underSection 71-A or the officer specially empowered under Section 71-C or the SessionsJudge hearing an appeal under Section 71-D shall have and, notwithstanding anythingto the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (2 of1974) or in any other law for the time being in force, any other officer, court, tribunal orauthority shall not have, jurisdiction to make orders with regard to the custody,Hpossession, delivery, disposal or distribution of such property.”

held that the law is a special statute. Moreover, the non obstante clausegave overriding effect to the legislation as a result of which the generalpower which is vested with the Magistrate under the CrPC is takenaway. Justice DP Mohapatra, speaking for the Court, held:

“23. The Karnataka Forest Act is a special statute enacted forthe purpose of preserving the forests and the forest produce inthe State. The scheme of the Act, as expressed in the sections, isto vest power in the Authorized Officers of the Forest Departmentfor proper implementation/enforcement of the statutory provisionsand for enabling them to take effective steps for preserving theforests and forest produce. For this purpose, certain powersincluding the power of seizure, confiscation and forfeiture of theforest produce illegally removed from the forests have been vestedexclusively in them. The position is made clear by the non obstanteclause in the relevant provisions giving overriding effect to theprovisions in the Act over other statutes and laws. The necessarycorollary of such provisions is that in a case where the AuthorizedOfficer is empowered to confiscate the seized forest produce onbeing satisfied that an offence under the Act has been committedthereof the general power vested in the Magistrate for dealingwith interim custody/release of the seized materials under CrPChas to give way. The Magistrate while dealing with a case of anyseizure of forest produce under the Act should examine whetherthe power to confiscate the seized forest produce is vested in theAuthorized Officer under the Act and if he finds that such poweris vested in the Authorized Officer then he has no power to passan order dealing with interim custody/release of the seized material.

This, in our view, will help in proper implementation of provisionsof the special Act and will help in advancing the purpose andobject of the statute. If in such cases power to grant interimcustody/release of the seized forest produce is vested in theMagistrate then it will be defeating the very scheme of the Act.Such a consequence is to be avoided.

24. From the statutory provisions and the analysis made in theforegoing paragraphs the position that emerges is that the learnedMagistrate and the learned Sessions Judge were right in holdingthat on facts and in the circumstances of the case, it is theAuthorized Officer who is vested with the power to pass order ofinterim custody of the vehicle and not the Magistrate.”

A

BC

D

E

F

G

H

AConsequently, in the view of this Court, it is the Authorised Officerwho is vested with the power to pass an order for interim custody of aseized vehicle and not the Magistrate.

21. Subsequently in 2004 in Sujit Kumar Rana (supra) anothertwo judge Bench of this Court dealt with the applicability of Section 482Bof the CrPC for quashing of proceedings for confiscation of forestproduce under the provisions of the Indian Forest Act, 1927, as amendedin relation to the State of West Bengal. Sections 59-A to 59-G[20]wereinserted in the principal Act by the State amendments to inter alia,confer a power of seizure and confiscation and to enact a bar ofjurisdiction of other courts and tribunals notwithstanding anythingCcontained in the CrPC. This Court held:

“31. Once, however, a confiscation proceeding is initiated; in termsof Section 59-G of the Act, the jurisdiction of the criminal court inthis behalf stands excluded. The criminal court althoughindisputably has the jurisdiction to deal with the property which isD

20 “59-A. Confiscation by Forest Officer of forest produce in the case of forestoffence believed to have been committed.—(1) Notwithstanding anything containedin the foregoing provisions of this Chapter or in any other law for the time being inforce, where a forest offence is believed to have been committed in respect of the timberEor other forest produce which is the property of the State Government, the ForestOfficer or the police officer seizing the timber or other forest produce under sub-section (1) of Section 52, shall, without any unreasonable delay, produce the same,together with all tools, ropes, chains, boats, vehicles and cattle used in committing theoffence, before an officer of a rank not inferior to that of an Assistant Conservator ofForests, authorized by the State Government in this behalf by notification in theOfficial Gazette (hereinafter referred to as the authorized officer).”FSection 59-B provides the procedure for issue of notice before confiscation. Section59C provides for a revision against the order of confiscation. Section 59D provides aright to appeal against the order of revision. Section 59E provides a savings provisionfor award of punishment under other provision of the Act. Section 59F provides thatconfiscated property and proceeds of sale to vest in Government.“Section 59-G. Bar of jurisdiction in certain cases.—Notwithstanding anything tothe contrary contained in this Act or in the Code of Criminal Procedure, 1973 (2 ofG1974) or in any other law for the time being in force, the officer authorized underSection 59-A or the Forest Officer specially empowered under Section 59-C or theDistrict Judge to whom an appeal may be preferred under Section 59-D shall have andany other officer or Forest Officer or court, tribunal or authority shall not have jurisdictionto make orders with regard to the custody, possession, delivery, disposal or distributionof any property or tools, ropes, chains, boats, vehicles or cattle seized under SectionH52.”

the subject-matter of offence in terms of the provisions of theCode of Criminal Procedure but once a confiscation proceedingis initiated, the said power cannot be exercised by the Magistrate.”

Once the criminal court had no power to deal with the propertyseized under the Act, the High Court was held to have no jurisdictionunder Section 482 of the CrPC to quash proceedings for confiscationof forest produce.

22. In 2017, a similar view has been taken by another two judgeBench of this Court in Kallo Bai (supra) while construing the provisionsof the Madhya Pradesh Van Upaj (Vyapar Viniyam) Adhiniyam,1969. By virtue of the amendments made to the Adhiniyam, Sections15-A to 15-D[21]were introduced to provide for confiscation proceedingsin line with the provisions contained in the Forest Act as amended inrelation to the State of Madhya Pradesh. Relying on the earlier decisionsof this Court including GV Sudhakar Rao (supra), Justice NV Ramana,speaking for the two judge Bench held:

21 Section 15-A provides for an appeal against order of confiscation. Section 15-B.provides for a revision before Court of Sessions against order of Appellate Authority.“—Section 15-C. Bar of jurisdiction of court etc. under certain circumstances.(1) On receipt of intimation under sub-section (5) of Section 15 about initiation ofproceedings for confiscation of property by the Magistrate having jurisdiction to trythe offence on account of which the seizure of property which is subject matter ofconfiscation, has been made, no Court, Tribunal or Authority (other than the authorisedofficer, Appellate Authority and Court of Sessions referred to in Sections 15, 15-A and15-B as the case may be), shall have jurisdiction to make orders with regard to whichproceedings for confiscation are initiated under Section 15, notwithstanding anythingcontained in this Act, or, any other law for the time being in force:

Provided that before passing any order for disposal of property the Magistrate shallsatisfy himself that no intimation under sub-section (5) of Section 15 has been receivedby his Court or by any other Court having jurisdiction to try the offence on account ofwhich the seizure of property has been made.

Explanation.—Where under any law for the time being in force, two or more Courtshave jurisdiction to try offence under this Act, then receipt of intimation under sub-section (5) of Section 15 by one of the Courts of Magistrate having such jurisdictionshall be construed to be receipt of intimation under that provision by all the Courts andthe bar to exercise jurisdiction shall operate on all such Courts.

(2) Nothing hereinbefore contained shall be deemed to prevent any officer authorised inthis behalf by the State Government from directing at any time the immediate release ofany property seized under Section 15.”Section 15-D provides for confiscation of property when the produce is not theproperty of Government.

A

B

C

D

E

F

G

H

A“23. Criminal prosecution is distinct from confiscation proceedings.The two proceedings are different and parallel, each having adistinct purpose. The object of confiscation proceeding is to enablespeedy and effective adjudication with regard to confiscation ofthe produce and the means used for committing the offence whilethe object of the prosecution is to punish the offender. The schemeBof the Adhiniyam prescribes an independent procedure forconfiscation. The intention of prescribing separate proceedings isto provide a deterrent mechanism and to stop further misuse ofthe vehicle.”

23. This leaves the Court to deal with a judgment rendered inC2008 by a two judge Bench of this Court in State of MP v MadhukarRao[22]. The issue in that case was whether upon the seizure of a vehicleor vessel under Section 50(1)(c)[23]of the Wildlife Protection Act, 1972,the Magistrate has no power to direct its release under Section 451 ofthe CrPC during the pendency of a trial. Significantly, in that case theDprovisions of the Wildlife Protection Act 1972 did not contain provisionsanalogous to the MP amendments to the Forest Act or for that matterthose contained in the state laws noticed in Sudhakar Rao,Kunchindammed, Sujit Kumar Rana and Kallo Bai. Section 50empowered the Director or the Chief Wildlife Warden, Forest Officer,Authorised Officer or Police Officer, if they had reasonable grounds forEbelieving that any person has committed an offence under the Act, to 22 (2008) 14 SCC 624

23 “Section 50 - Power of entry, search, arrest and detention.- (1) Notwithstandinganything contained in any other law for the time being in force, the Director or anyother officer authorised by him in this behalf or the Chief Wild Life Warden or theFauthorised officer or any forest officer or any police officer not below the rank of a sub-inspector, may, if he has reasonable grounds for believing that any person has committedan offence against this Act,- …

(c) seize any captive animal, wild animal, animal article, meat, trophy or uncuredtrophy, or any specified plant or part or derivative thereof, in respect of which anGoffence against this Act appears to have been committed, in the possession of anyperson together with any trap, tool, vehicle, vessel or weapon used for committing anysuch offence and, unless he is satisfied that such person will appear and answer anycharge which may be preferred against him, arrest him without warrant, and detain him:Provided that where a fisherman residing within ten kilometres of a sanctuary orNational Park, inadvertently enters on a boat, not used for commercial fishing, in theterritorial waters in that sanctuary or National Park, a fishing tackle or net on such boatHshall not be seized.”

seize a captive or wild animal, animal article, meat, trophy etc. togetherwith tools, vehicles, vessels or weapons used for the commission of theoffence. Under sub section (2) of Section 50, prior to its amendment inOctober 1991[24], the Assistant Director or Wildlife Warden wasempowered to release inter alia, a vehicle, vessel or weapon subject toa bond. This provision was deleted in 1991 and was substituted[25]by aprovision for handing over custody of a captive animal or wild animalwhich was seized, subject to the execution of a bond for productionbefore a Magistrate of a competent jurisdiction. In view of the morelimited power of release post- amendment, it was urged that Section 50provided a comprehensive scheme and it was not open to the Magistrateto direct interim release of a vehicle seized under Section 50. Thissubmission was rejected by the Court, which held that Section 50 andother provisions in Chapter VI of the Wildlife Protection Act 1972 didnot exclude the application of the provisions of the CrPC. The decisionin Kunchindammed was distinguished on the ground that it dealt withthe provisions of the Karnataka Forest Act 1963 whereas the provisionscontained in the Wildlife Protection Act were materially different.Consequently, it was held that the provisions of Section 50 did not affectthe Magistrate’s power to order interim release of a vehicle under Section451 of the CrPC. The decision in Madhukar Rao involved legislationwhich had provisions distinct from the special provisions contained inthe state amendment to the Forest Act enacted in relation to MadhyaPradesh. Indeed, the Court noted the distinction when it dealt with theearlier decision in Kunchindammed which arose in the context of theKarnataka Forest Act 1963.

24 “(2) Any officer of a rank not inferior to that of an Assistant Director of Wild Lifepreservation of Wild Life Warden, who, or whose subordinate has seized any trap,tool, vehicle, vessel or weapon under clause (c) of sub- section (1), may release thesame on the execution by the owner thereof of a bond for the production of theproperty so released, if and when so required, before the Magistrate having jurisdictionto try the offence on account of which the seizure has been made.”

25 Section 50(2) was deleted post-amendmentand replaced with Section 50(3A) asfollows:

“(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild LifePreservation or an Assistant Conservator of Forests, who, or whose subordinate, hasseized any captive animal or wild animal under clause (c) of sub-section (1) may givethe same for custody on the execution by any person of a bond for the production ofsuch animal if and when so required, before the Magistrate having jurisdiction to try theoffence on account of which the seizure has been made.”

AB

C

DE

F

G

H

A24. In Kailash Chand v State of MP[26], a Division Bench of theMadhya Pradesh High Court considered a challenge to the constitutionalvalidity of the state amendments to the Forest Act through MP Act 25 of1983. Noticing that a criminal prosecution and a proceeding forconfiscation are distinct, each with its own purpose and object, the HighCourt held:B

“...Criminal prosecution is not an alternative to confiscationproceedings. The two proceedings are parallel proceedings, eachhaving a distinct purpose and object. The object of confiscationproceeding is to enable speedy and effective adjudication withregard to confiscation of the produce and the means used forCcommitting the offence. The object of the prosecution is to punishthe offender...”

Explaining the underlying purpose and object of the stateamendment, the Division Bench noted:

D“…The scheme of the Central Act contemplating successfulprosecution of the offender leading to confiscation has beendrastically modified by the 1983 Act to provide for an additionalprocedure for confiscation, a procedure which is less cumbersomeand more expeditious than the procedure of prosecution and atthe same time, assuring necessary safeguards to the affectedEpersons. The scheme of the Central Act provides for prosecutionincidentally leading to confiscation of property. The scheme of theamendments introduced by the 1983 Act prescribes an independentprocedure for confiscation. The intention is to ensure that thevehicle used in the transaction is no longer available for such misuseand to act as deterrent for the other offender and others. TheseFobjects can be well served by confiscating the vehicle...”

D

25. In a judgment rendered by one of us (Brother Justice HemantGupta as Chief Justice of the Madhya Pradesh High Court) inRamkumar Sahoo v State of Madhya Pradesh[27], these principlesGwere followed while construing the provisions of Rule 53 of the MPMinor Mineral Rules 1996.

26. Our analysis of the amendments brought by MP Act 25 of1983 to the Indian Forest Act 1927 leads to the conclusion that specific 26 (1995) AIR (MP) 1H27 Writ Petition No 18818 of 2017 decided on 15 February 2018

provisions have been made for the seizure and confiscation of forestproduce and of tools, boats, vehicles and articles used in the commissionof offences. Upon a seizure under Section 52(1), the officer effectingthe seizure has to either produce the property before the AuthorisedOfficer or to make a report of the seizure under sub-section (2) of Section52. Upon being satisfied that a forest offence has been committed, theAuthorised Officer is empowered, for reasons to be recorded, toconfiscate the forest produce together with the tools, vehicles, boats andarticles used in its commission. Before confiscating any property undersub-section (3), the Authorised Officer is required to send an intimationof the initiation of the proceedings for the confiscation of the property tothe Magistrate having jurisdiction to try the offence. Where it is intendedto immediately launch a criminal proceeding, a report of the seizure ismade to the Magistrate having jurisdiction to try the offence. The orderof confiscation under Section 52(3) is subject to an appeal under Section52-A and a revision under Section 52-B. Sub- section (5) of Section 52-B imparts finality to the order of the Court of Sessions in revisionnotwithstanding anything contained to the contrary in the CrPC andprovides that it shall not be called into question before any court. Section52-C stipulates that on the receipt of an intimation by the Magistrateunder sub-section (4) of Section 52, no court, tribunal or authority, otherthan an Authorised Officer, an Appellate Authority or Court of Sessions(under Sections 52, 52-A and 52-B) shall have jurisdiction to pass orderswith regard to possession, delivery, disposal or distribution of the propertyin regard to which confiscation proceedings have been initiated. Sub-section (1) of Section 52-C has a non obstante provision which operatesnotwithstanding anything to the contrary contained in the Indian ForestAct 1927 or in any other law for the time being in force. The only savingis in respect of an officer duly empowered by the State government fordirecting the immediate release of a property seized under Section 52, asprovided in Section 61. Hence, upon the receipt of an intimation by theMagistrate of the initiation of confiscation proceedings under sub-section(4)(a) of Section 52, the bar of jurisdiction under sub-section (1) of Section52-C is clearly attracted. The scheme contained in the amendmentsenacted to the Indian Forest Act 1927 in relation to the State of MadhyaPradesh, makes it abundantly clear that the direction which was issuedby the High Court in the present case, in a petition under Section 482 ofthe CrPC, to the Magistrate to direct the interim release of the vehicle, A

B

CDE

FG

H

Awhich had been seized, was contrary to law. The jurisdiction under Section451 of the CrPC was not available to the Magistrate, once the AuthorisedOfficer initiated confiscation proceedings.

27. The Madhya Pradesh amendments to the Indian Forest Act1927 are infused with a salutary public purpose. Protection of forestsBagainst depredation is a constitutionally mandated goal exemplified byArticle 48A[28]of the Directive Principles and the Fundamental Duty ofevery citizen incorporated in Article 51A(g)[29]. By isolating the confiscationof forest produce and the instruments utilised for the commission of anoffence from criminal trials, the legislature intended to ensure thatconfiscation is an effective deterrent. The absence of effective deterrenceCwas considered by the Legislature to be a deficiency in the legal regime.The state amendment has sought to overcome that deficiency by imposingstringent deterrents against activities which threaten the pristine existenceof forests in Madhya Pradesh. As an effective tool for protecting andpreserving environment, these provisions must receive a purposiveDinterpretation. For, it is only when the interpretation of law keeps pacewith the object of the Legislature that the grave evils which pose adanger to our natural environment can be suppressed. The avarice ofhumankind through the ages has resulted in an alarming depletion of thenatural environment. The consequences of climate change are bearingdown on every day of our existence. Statutory interpretation must remainEeternally vigilant to the daily assaults on the environment.

28. For the above reasons, we allow the appeal and set aside theimpugned judgment and order of the High Court dated 29 July 2011 inMCRC 5171 of 2011.

FCriminal Appeal No.525 of 2019 @ SLP (Crl.) No 5413 of2013:

29. For the reasons which have been indicated in the judgmentdelivered today in Criminal Appeal @ Special Leave Petition (Crl.) No2001 of 2012, the judgment and order of the High Court dated 7 July G

28 Article 48(A) : “The State shall endeavour to protect and improve the environmentand to safeguard the forests and wildlife of the country.”.

29 Sub-clause (g) of Article 51A provides : “It shall be the duty of every citizen ofIndia to protect and improve the natural environment including forests, lakes, riversHand wildlife, and to have compassion for living creatures.”

2011 in MCRC No 1818 of 2009 shall stand set aside and the appeal isaccordingly allowed.

Criminal Appeal No 1364 of 2012:

30. For the reasons which have been indicated in the judgmentdelivered in Criminal Appeal @ Special Leave Petition (Crl.) No 2001of 2012, the judgment and order of the High Court dated 7 July 2011 inMCRC No 2634 of 2009 shall stand set aside and the appeal isaccordingly allowed.

Criminal Appeal Nos 1362-63 of 2012:

31. For the reasons which have been indicated in the judgmentdelivered today in Criminal Appeal @ Special Leave Petition (Crl.)No 2001 of 2012, the judgments and orders of the High Court dated7 July 2011 and 21 September 2011 in MCRC No 1751 of 2009 andMCRC No 5673 of 2011 shall stand set aside and the appeals areaccordingly allowed.

Nidhi Jain

Appeals allowed.

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