1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No. 524 of 2019

(@ Special Leave Petition (Crl) No 2001 of 2012)

The State of Madhya Pradesh ...Appellant

Versus

Uday Singh ...Respondent

With

Criminal Appeal No. 525 of 2019

(@ Special Leave Petition (Crl) No 5413 of 2013)

The State of Madhya Pradesh ...Appellant

Versus

Rakesh Lavaniya …Respondent

With

REPORTABLE

2

Criminal Appeal Nos 1362-1363 of 2012

Adhikshak Rashtriya Chambal Abhyaran ...Appellant

Versus

Narottam Singh ...Respondent

And With

Criminal Appeal No 1364 of 2012

Authorised Officer & Sub-Divisional

Officer, Shivpuri, M.P. ...Appellant

Versus

Jashrat Singh ...Respondent

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1 Leave granted in the Special Leave Petitions.

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

2 This appeal arises from a judgment of a learned Single Judge of the High

Court of Madhya Pradesh at its Gwalior Bench dated 29 July 2011. Allowing a

3

petition under Section 482 of the Code of Criminal Procedure 1973

1

, the High

Court set aside a revisional order dated 16 June 2011 of the Additional Sessions

Judge, Morena. The Additional Sessions Judge had confirmed an order of the

Judicial Magistrate First Class

2

, Ambah dismissing an application under Section

451 of the CrPC seeking the release of a tractor and trolley which had been

seized for being involved in the illegal excavation of sand from the Chambal river.

3 On 26 March 2011, the Forest Officer apprehended a tractor and trolley

belonging to the respondent alleged to have been carrying sand illegally

excavated from a restricted area of Dalijeet Pura Ghat at the National Sanctuary,

Chambal without permission and in the absence of a transit pass. The tractor and

trolley was seized together with the sand by the officers of the Forest Department

under Sections 41, 52 and 52-A of the Indian Forest Act, 1927

3

and Sections 27,

29, 39(1)(d), 51 and 52 of the Wildlife Protection Act, 1972. Intimation of the

seizure was given to the Magistrate under Section 52 of the Indian Forest Act,

1927 on 27 March 2011. The respondent moved an application

4

under Section

451 of the CrPC

5

before the JMFC, Ambah for interim release of the seized

vehicle. The Magistrate dismissed the application by an order dated 21 April

1 “CrPC”

2 “JMFC”

3 “Indian Forest Act”

4 Application No 9661 of 2009

5 “Section 451 - Order for custody and disposal of property pending trial in certain cases. — When any

property is produced before any Criminal Court during an inquiry or trial, the Court may make such order as it

thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property

is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such

evidence as it thinks necessary, order it to be sold or otherwise disposed 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 is in its custody.

(b) any property regarding which an offence appears to have been committed or which appears to have

been used for the commission of any offence”

4

2011. A Criminal Revision

6

met with the same fate before the District and

Sessions Judge, Morena on 16 June 2011. The respondent then instituted

proceedings under Section 482 of the CrPC

7

before the High Court of Madhya

Pradesh at its Gwalior Bench. By a judgment dated 29 July 2011, the High Court

directed the Magistrate to pass orders for the interim release of the vehicle. The

State of Madhya Pradesh has instituted these proceedings under Article 136 of

the Constitution to assail the judgment of the High Court.

4 The grievance of the State of Madhya Pradesh is that similar orders have

been passed by the High Court directing the Magistrate to release seized

vehicles, relying on a decision of this Court in State of Madhya Pradesh v

Madhukar Rao

8

. According to the State, in Madhukar Rao, this Court interpreted

the provisions of the Wildlife Protection Act, 1972 and came to the conclusion

that the Magistrate has the power and jurisdiction under Section 451 of the CrPC

to order interim release of a seized vehicle. On the other hand, it has been

submitted that the present case and other cases of its genre are governed by the

provisions of the Indian Forest Act 1927 as amended in relation to the State of

Madhya Pradesh by MP Act 25 of 1983. The submission is that the 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 the CrPC would (it has been urged) stand

excluded. Elaborating on the above submissions, learned counsel appearing on

behalf of the appellant has relied on the decisions of this Court in: (i) Divisional

6 68 of 2011

7 Miscellaneous Criminal Case No. 5171 of 2011

8 (2008) 14 SCC 624

5

Forest Officer v GV Sudhakar Rao

9

, (ii) State of Karnataka v KA

Kunchindammed

10

, (iii) State of West Bengal v Sujit Kumar Rana

11

; and (iv)

State of Madhya 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 forest offence 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 offence may be seized by any Forest Officer. Section 52(3) provides that

subject to sub-section (5), where the Authorised Officer, upon production

before him of property seized or upon receipt of a report about seizure, as

the case may be, is satisfied that a forest offence has been committed in

respect thereof, he may order in writing, for reasons to be recorded, the

confiscation of the forest produce so seized together with all tools, vehicles,

boats, chains or any other article used in committing the offence;

(ii) For the State of Madhya Pradesh, MP Act 25 of 1983 substituted the original

provisions of Section 52 of the Forest Act, with certain conditions. Sub-

section (3) of Section 52 as enacted by MP Act 25 of 1983, empowers the

Authorised Officer to make an order in writing with reasons confiscating the

forest produce so seized along with the tools, vehicles or any other article

used in committing the offence. Similarly, for the State of Madhya Pradesh,

MP Act 25 of 1983 inserted Section 52-A which provides for an appeal

9 (1985) 4 SCC 573

10 (2002) 9 SCC 90

11 (2004) 4 SCC 129

12 (2017) 14 SCC 502

6

against the order of confiscation to the Appellate Authority within thirty days

of the order of confiscation being passed by the Authorised Officer;

(iii)The High Court has erred in directing the release of the seized vehicle in

exercise of its inherent jurisdiction under Section 482 of the CrPC. The High

Court failed to appreciate that in the present case confiscation proceedings

have been initiated in terms of sub-section (3) of Section 52 of the Forest

Act, and the procedure thereafter would be governed by Sections 52 and

52-A. Since the confiscation proceedings have been initiated by the forest

department, in terms of Section 52(3), the Magistrate in pursuance of the

power conferred under Section 451 of the CrPC cannot direct release of the

seized vehicle, as the jurisdiction of the criminal court stands excluded;

(iv) This Court in Sujit Kumar Rana (supra) has held that once confiscation

proceedings are initiated, the jurisdiction of the criminal court stands

excluded. Since confiscation proceedings have been initiated by the forest

authorities in terms of Section 52(3), the Magistrate cannot order release of

the vehicle under Section 451 of the CrPC. Similarly, the High Court cannot

under Section 482 of the CrPC direct release of the seized vehicle as the

jurisdiction of the criminal court stands excluded; and

(v) The legislative intent while inserting the abovementioned provisions must be

kept in mind. Forests are a national wealth which are required to be

preserved. In most cases, the State is the owner of the forest and forest

produce and is enjoined with a duty to preserve forests to maintain an

ecological balance. Therefore, statutory interpretation of such provisions

should have regard to the principle of purposive construction so as to give

7

effect to the aim and object of the legislature, and keeping the principles

contained in Articles 48-A and 51-A(g) of the Constitution in mind.

6 On the other hand, it has been urged on behalf of the respondent

13

that

Chapter IX of the Forest Act, as amended in its application to the State of

Madhya Pradesh, does not oust the jurisdiction of the Magistrate to deal with

seized property, once it becomes a part of evidence at a criminal trial under the

CrPC. In this context, it was urged that:

(i)Under Section 52(2), where the intention is to launch criminal proceeding,

the report is to be sent only to the Magistrate having jurisdiction to try the

offence and not the Authorised Officer. The expression “officer seizing the

property” needs to be distinguished from the expression “authorised officer

under the Act”;

(ii)The said Authorised Officer can proceed to satisfy herself whether a forest

offence has been committed or not under Section 52(3), only if the seized

property is produced before the Authorised Officer. If under Section 52(2),

the report of the seizure has been sent to the Magistrate, the Authorised

Officer cannot decide upon the commission of a forest offence, as the report

of seizure is not before the Authorised Officer;

(iii)Since Authorised Officers cannot apply themselves to whether the seizure

was valid, the circumstance of the Authorised Officer passing an order of

confiscation does not arise at all. It follows that the intimation under Section

52(4) cannot be given when there is no confiscation;

13 In SLP (Crl.) No 5413 of 2013

8

(iv)The bar on jurisdiction under Section 52-C only applies after intimation

under Section 52(4) is given. Since the Authorised Officer cannot pass an

order of confiscation, the jurisdiction for trial of a criminal offence and the

power to deal with the property involved rests with the Magistrate; and

(v)Therefore, there is no scope for parallel proceedings before both the

Authorised Officer and the Magistrate, if the officer seizing the property

believes that the gravity of the offence calls for a criminal trial and sends the

report of seizure directly to the Magistrate.

7 The rival submissions fall for consideration.

8 Section 52 of the Forest Act forms a part of Chapter IX which deals with

penalties and procedure. In relation to Madhya Pradesh, Section 52 was

substituted by MP Act 25 of 1983 and is in the following terms:

“52. Seizure of property liable to confiscation and

procedure therefor.—

(1) When there is reason to believe that a forest offence has

been committed in respect of any reserved forest and

protected forest or forest produce, the produce, and all tools,

boats, vehicles, ropes, chains or any other article used in

committing such offence, may be seized by any forest officer

or police officer.

(2) Every officer seizing any property under this section shall

place on such property a mark indicating that the same has

been so seized and shall, as soon as may be, either produce

the property seized before an officer not below the rank of an

Extra Assistant Conservative of Forests by the State

Government in this behalf by notification (hereinafter referred

to as the authorized officer) or where it is, having regard to

the quantity of bulk or other genuine difficulty, not practicable

to produce property seized before the authorized officer,

make a report about the seizure to the authorized officer, or

where it is intended to launch criminal proceedings against

the offender immediately, make a report of such seizure to the

magistrate having jurisdiction to try the offence on account of

which the seizure has been made:

9

Provided that, when the forest produce with respect to which

offence is believed to have been committed is the property of

the Government, and the offender is unknown, it shall be

sufficient if the officer makes, as soon as may be, a report of

the circumstances to his official superior.

(3) Subject to sub-section (5), where the authorized officer

upon production before him of property seized or upon receipt

of report about seizure, as the case may be, is satisfied that a

forest offence has been committed in respect thereof, he may

by order in writing and for reasons to be recorded confiscate

forest-produce so seized together with all tools, vehicles,

boats, ropes, chains or any other article used in committing

such offence. A copy of order of confiscation shall be

forwarded without any undue delay to the Conservators of

Forests of the forest circle in which the timber or the 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 of

proceedings for confiscation of property to the magistrate

having jurisdiction to try the offence on account of which the

seizure has been made;

(b) issues a notice in writing to the person from whom the

property is seized, and to any other person who may appear

to the authorized 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 as

may be specified in the notice against the proposed

confiscation; and

(d) gives to the officer effecting the seizure and the person or

persons to whom notice has been issued under clause (b), a

hearing on 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 timber or forest-produce seized) shall be made if any

person referred to in clause (b) of sub-section (4) proves to

the satisfaction of authorized officer that any such tools,

vehicles, boats, ropes, chains or other articles were used

without his knowledge or convenience or, as the case may

be, without the knowledge or convenience of his servant or

agent and that all reasonable and necessary precautions had

been taken against use of the objects aforesaid for

commission of forest-offence.

(6) The seized property shall continue to be under custody

until confirmation of the order of the authorized officer by the

Appellate Authority or until the expiry of the period for

initiating ‘suo motu’ action by him whichever is earlier, as

prescribed under Section 52-A.

10

(7) Where the authorized officer having jurisdiction over the

case is himself involved in the seizure or investigation, the

next higher authority may transfer the case to any other

officer of the same rank for conducting proceedings under this

section.”

9 Under sub-section (1) of Section 52, where there is a reason to believe

that a forest offence has been committed in respect of any reserved or protected

forest or forest produce, the produce, and all tools, boats, vehicles or articles

used in committing the offence may be seized by any Forest Officer or Police

Officer. Under sub-section (2), the officer seizing the property is required to place

a mark of seizure and produce the property before the Authorised Officer or,

where it is not practicable to produce the property seized, make a report to the

Authorised Officer. Where it is intended to launch criminal proceedings against

the offender immediately, a report of the seizure has to be made to the

Magistrate having jurisdiction to try the offence on account of which the seizure

has been made. Sub-section (3) stipulates that subject to sub-section (5), the

Authorised Officer may upon being satisfied that a forest offence has been

committed upon the production of the property seized or on the receipt of a report

about the seizure, order the forest produce so seized, together with all tools,

vehicles, boats or article used in the commission of the offence to be confiscated.

No order of confiscation can be made unless the conditions mentioned under

sub-section (4) are complied with. Those conditions are:

(i) The Forest Officer must send an intimation in the form prescribed about the

initiation of proceedings for confiscation of the property to the Magistrate

having jurisdiction to try the offence;

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(ii) The issuance of a notice to the person from whom the property has been

seized or any other person who appears to have an interest in the property;

(iii) Affording a reasonable opportunity of making a representation against the

proposed confiscation; and

(iv) Furnishing of an opportunity of being heard to the officer effecting the

seizure and to the person to whom a notice has been given. Sub-section (5)

provides that no order for confiscation can be passed if the person to whom

a notice has been issued under clause (b) of sub-section (4) proves that the

tools, vehicles, boats or article were used without her knowledge or

connivance and that reasonable and necessary precautions had been taken

against their use for the commission of a forest offence.

10Section 52-A provides an appellate remedy to a person aggrieved to the

Conservator of Forests, against an order of confiscation. Section 52-A provides

as follows:

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

(1)Any person aggrieved by an order of confiscation may,

within thirty days of the order, or if fact of such order has

not been communicated to him within thirty days of date

of knowledge of such order, prefer an appeal in writing,

accompanied by such fee and payable in such form as

may be prescribed and by certified copy of order of

confiscation to the Conservator of Forests (hereinafter

referred to as Appellate Authority) of the forest circle in

which the forest produce, has been seized.

Explanation. - (1) The time requisite for obtaining certified

copy of order of confiscation shall be excluded while

computing period of 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" within thirty days of date of receipt of copy of

order of confiscation by him, and shall on presentation of

memorandum of appeal issue a notice for hearing of

appeal or, as the case may be, of "suo motu" action to the

12

officer effecting seizure and to any other person (including

appellant, if any) who in the opinion of the Appellate

Authority, is likely to be adversely affected by the order of

the authorised officer, and may send for the record of the

case:

Provided that no formal notice of appeal need be issued

to such amongst the appellant, officer effecting seizure

and any other person likely to be adversely affected as

aforesaid, as may waive the notice or as may be informed

in any other manner of date of hearing of appeal by the

Appellate Authority.

(3) The Appellate Authority shall send intimation in writing

of lodging of appeal or about "suo motu" action, to the

Authorised Officer.

(4) The Appellate Authority may pass such order of

"Interim" nature for custody, preservation or disposal (if

necessary) of the subject matter of confiscation, as may

appear to be just or proper in the circumstances of the

case.

(5) The Appellate Authority, having regard to the nature of

the case or the complexities involved, may permit parties

to the appeal to 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 parties to the appeal if present in

person, or through any agent duly authorised in writing or

through a legal practitioner, and shall thereafter proceed

to pass an order of confirmation, reversal or modification

order of the authorised officer:

Provided that before passing any final order the Appellate

Authority may if, it is considered necessary for proper

decision of appeal or for proper disposal of "suo motu"

action, make further inquiry itself or cause it to be made

by the Authorised Officer, and may also allow parties to

file affidavits for asserting or refuting any fact that may

arise for consideration and may allow proof of facts by

affidavits.

(7) The Appellate Authority may also pass such orders of

consequential nature, as it may deem necessary.

(8) Copy of final order or of order of consequential nature,

shall be sent to the Authorised Officer for compliance or

for passing any order appropriate order in conformity with

the order of the Appellate Authority.”

Significantly, under sub-section (4) of Section 52-A, the Appellate Authority is

empowered to pass orders of an interim nature for the custody, preservation or

13

disposal of the subject matter of the confiscation. Section 52-B provides for the

remedy of a revision before the Court of Sessions against an order of the

Appellate Authority. Section 52-B is in the following terms:

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

Appellate Authority.—

(1) Any party to the appeal, aggrieved by final order or by

order of consequential nature passed by the Appellate

Authority, may within thirty days of the order sought to be

impugned, submit a petition for revision to the Court of

Sessions within the Sessions division whereof the

headquarters of the Appellate Authority are situate.

Explanation.—In computing the period of thirty days under

this sub-section, the time requisite for obtaining certified copy

of Appellate Authority shall be excluded.

(2) The Court of Sessions, may confirm, reverse or modify

any final order or an order of consequential nature passed by

the Appellate Authority.

(3) Copies of the order passed in revision shall be sent to the

Appellate Authority and to the Authorised officer for

compliance or for passing such further orders or for taking

such further action as may be directed by such Court.

(4) For entertaining, hearing and deciding a revision under

this section, the Court of Sessions shall, as far as may be,

exercise the same powers and follow the same procedure as

it exercises and follows while entertaining, hearing and

deciding a revision under the Code of Criminal Procedure,

1973 (No. 2 of 1974).

(5) Notwithstanding anything to the contrary contained in

Code of Criminal Procedure, 1973 (No. 2 of 1974), the order

of the Court of Sessions passed under this section shall be

final and shall not be called in question before any Court.”

Section 52-C contains a bar to the jurisdiction of courts, tribunals and authorities:

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

circumstances.—

(1) On receipt of intimation under sub-section (4) of section

52 about initiation of proceedings for confiscation or property

by the magistrate having jurisdiction to try the offence on

account of which the seizure of property which is subject

matter of confiscation, has been made, no Court, Tribunal or

Authority (other than the authorised officer, Appellate

Authority and Court of Sessions referred to in sections 52, 52-

A and 52-B) shall have jurisdiction to make orders with regard

to possession, delivery, disposal or distribution of the property

in regard to which proceedings for confiscation are initiated

14

under section 52, notwithstanding anything contrary in this

Act, or any other law for the time being in force.

Explanation.—Where under any law for the time being in

force, two or more Courts have jurisdiction to try forest-

offence, then receipt of intimation under sub-section (4) of

section 52 by one of the Courts of Magistrate having such

jurisdiction shall be construed to be receipt of intimation under

that provision by all the Courts and the bar to exercise

jurisdiction shall operate on all such Courts.

(2) Nothing in sub-section (1) shall affect the power saved

under section 61.”

Section 53 deals with the power to release property which is seized under Section

52:

“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 or any other article Section 52, may release the

same on the execution by the owner thereof, of a security in a

form as may be prescribed of an amount equal to the value of

such property, as estimated by such officer, for the production

of the property so released, when so required, before the

authorised officer under Section 52 or the Magistrate having

jurisdiction to try the offence on account of which the seizure

has been made.”

This provision was substituted by MP Act 7 of 2010. Prior to the substitution,

Section 53 stipulated the release of the property seized on the execution of a

bond, for the production of the property, when required, before the Magistrate

having jurisdiction to try the offence. Under Section 60, the property which has

been confiscated by an Authorised Officer under Section 52 is to vest in the

government, subject to the result of the proceedings before the Appellate

Authority under Section 52 or upon suo motu action under Section 52-A or a

revision before the Court of Sessions under Section 52-B.

15

11The provisions for seizure and confiscation are depicted in Flow chart I

below:

Flow Chart I: Seizure and Confiscation

Section 52

Sub-section (1) - Where there is reason to believe that a forest offence has been

committed in respect of forest produce, the produce and all tools, ropes, vehicles

etc. used in commission of such offence may be seized by the Forest Officer.

Sub-section (2)

Mark the property and produce it

before Authorised Officer.

Or if the seized property is in bulk,

make a report to the Authorised

Officer.

Where it is intended to launch a

criminal proceeding against the

offender, immediately make a

report to the Magistrate having

jurisdiction.

Sub-Section (3)

Subject to sub-section (5), the Authorised Officer upon the production of the property

seized or report of seizure, on being satisfied that a forest offence has been

committed, for reasons to be recorded, can confiscate the forest produce so seized

together with the vehicle.

Sub-section (4)

No order of confiscation may be made unless the Authorised Officer sends an

intimation to the Magistrate having jurisdiction and issues notice, and grants an

opportunity of making representation and hearing to a person from whom property

had been seized or who has an interest in such property.

Sub-section (5)

No order under sub-section (3), shall be made if the person under clause (b) of sub-

section (4) proves that such tools, vehicles, etc. were used without her knowledge or

connivance and all reasonable and necessary precautions had been taken against

their use.

16

Section 52-A – Appeal against order of confiscation – Any person aggrieved by the

order of confiscation, may prefer an appeal in writing within thirty days.

Section 52-B – Revision before Court of Sessions against order of Appellate

Authority –

(i)The party aggrieved by the order of the Appellate Authority can submit a

revision to the Court of Sessions within thirty days.

(ii)The Court of Sessions may confirm, reverse or modify the order.

Section 52-C – Bar to jurisdiction of Court under certain circumstances –

(i)No court, tribunal or authority except the Authorised Officer or Appellate

Authority and Court of Sessions referred under Sections 52, 52-A and 52-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 under Section 61.

Section 53 – Power to release property seized under Section 52 – A Forest Officer,

not below the rank of Ranger, who or whose subordinate has seized the property

under Section 52, may release it on the execution of security, equal to the value of

such property in a form as prescribed, by the owner of the property.

17

13Distinct from the proceedings for confiscation envisaged under the Forest

Act are those relating to criminal prosecution, as amended by the State of

12Distinct from the proceedings for confiscation envisaged under 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 proceeding against an offender immediately, a report of the seizure has

to be made to the Magistrate having jurisdiction to try the offence. Where the

property which has been seized under Section 52 is released by an Authorised

Officer under Section 53, it must be upon execution of security in such form as

may be prescribed, equal to the value of the property, so as to ensure the

production of the property when required before the Magistrate having jurisdiction

to try the offence. On receipt of a report under Section 52(2), Section 54

stipulates that the Magistrate must take all measures necessary for the arrest and

trial of the offender and the disposal of the property according to law. Section 54

provides thus:

“54. Procedure thereupon.- Upon the receipt of any such

report, the Magistrate shall, with all convenient despatch, take

such measures as may be necessary for the arrest and trial of

the offender and the disposal of the property according to law:

Provided that before passing any order for disposal of

property, the Magistrate shall satisfy himself that no

intimation under sub-section (4) of section 52 has been

Section 60 – Property confiscated under Section 52 shall vest in the Government

free from all encumbrances upon:

(i)Expiry of period specified for preferring an appeal or for taking ‘suo moto’

action under Section 52-A, whichever is later.

(ii)Expiry of period specified for submitting petition for revision under Section

52-B.

18

received by his Court or by another Court having

jurisdiction to try the offence on account of which the

seizure of property has been made.”

(emphasis supplied)

This proviso is significant, because before passing any order for disposal of the

property, the Magistrate must be satisfied that no intimation has been received

under Section 52(4).

13Section 55 provides that upon the conviction of the offender for a forest

offence, the forest produce together with tools, boats, vehicles and 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 the property 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 any forest-offence, shall subject to

provisions of Sections 52, 52-A, 52-B and 52-C, 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.”

14The intent of the State Legislature is emphasised by the provisions

contained in the proviso to Section 54 as well as in sub-section (1) of Section 55.

Under Section 52(2) where it is intended to launch criminal proceedings against

the offender immediately, the officer seizing any property under the Section has to

make a report of the seizure to the Magistrate having jurisdiction to try the offence

on account of which the seizure has been made. Upon the conviction of the

offender for a forest offence, Section 55 clearly indicates that the forest produce

and all tools, boats, vehicles, articles etc. used in the commission of the forest

19

offence would be liable to confiscation subject to the provisions of Sections 52,

52-A, 52-B and 52-C.

15 Section 56 provides that upon the conclusion of the trial, any forest

produce in respect of which a forest offence has been committed shall, 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 be disposed of in such manner as the

Court may direct.

16Section 57 deals with a situation where the offender is not known or cannot

be found. Section 58 deals with the procedure to be followed in respect of

perishable property seized under Section 52.

17Section 59 provides that the officer making a seizure under Section 52, or

any superior or a person claiming to be interested in the property seized, may

within a month of any order passed under Sections 55, 56 or 57 appeal to the

Court to which orders made by the Magistrate are ordinarily appealable. Under

sub-section (2) of Section 60, where no appeal has been preferred within the

period of limitation or where an appeal has been preferred and the order has

been confirmed by the appellate Court, the property shall vest with the

government free from all encumbrances.

18Flow-chart II below indicates the scheme in relation to criminal proceedings

under the Forest Act as amended by the State of Madhya Pradesh:

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 such seizure to the

Magistrate having jurisdiction to the try the offence.

20

Section 54

Upon receipt of a report under 52(2), the Magistrate shall take measures for arrest

and trial of the offender and disposal of property under law. Provided there is no

intimation under Section 52(4) with respect to initiation of confiscation proceedings

by the Authorised Officer.

Section 55

Forest produce, vehicles and tools or any other article used in committing a forest

offence, shall be liable to confiscation upon conviction of the offender. Provision

subject to Section 52, 52-A, 52-B and 52-C.

Section 56

Disposal of produce in respect of which offence has been committed, on conclusion

of the trial – When a trial of a forest offence is concluded, any forest produce in

respect of which a forest offence has been committed, 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.

Section 57

When an offender is not known, or cannot be found – the Magistrate may order the

property to be confiscated and taken charge of by the Forest Officer, or the person

deemed fit by the Magistrate. No order to be made for thirty days from the date of

seizing or without hearing the person, who claims any right thereto.

Section 58

Procedure as to perishable property seized under Section 52 – Notwithstanding

anything contained hereinbefore, the Magistrate may direct sale of perishable

property and deal with the sale proceeds.

21

19Several decisions rendered by this Court have a bearing on the

controversy involved in the present case. In a decision of 1985 in GV Sudhakar

Rao (supra), the issue before a two judge Bench of this Court was whether the

High Court could have taken recourse to Section 482 of the CrPC to stay

proceedings for the confiscation of illicitly felled forest produce which was seized

under the Andhra Pradesh Forest Act, 1967 till the disposal of a criminal case

pending before the Metropolitan Magistrate, for offences under the Act. This Court

upheld the correctness of the view of a Single Judge of the Andhra Pradesh High

Court in State of AP v PK Mohammad

14

and of a Division Bench in Mohd

14 (1978) 1 APLJ 391

Section 59

Appeal from orders under Section 55, 56 or 57 to be made within thirty days to the

Court to which orders made by such Magistrate are ordinarily appealable. The

order passed on appeal shall be final.

Section 60(2)

When no appeal is preferred under Section 59 or when the appellate court confirms

order of confiscation of property, such property shall vest in the government, free

from all encumbrances.

22

Yaseen v Forest Range Officer, Flying Squad, Rayachoti

15

that the Andhra

Pradesh Forest Act, 1967 contemplated two procedures, one for the confiscation

of the goods forming the subject matter of the offence by an Authorised Officer

under Section 44 (2A)

16

and the other for the trial of a person accused of the

offence so committed under Section 20 or 29

17

. Explaining the purpose of the

legislation, this Court noted with approval the view of the High Court in the above

cases that the provision for confiscation by an Authorised Officer had been

enacted in public interest 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 view expressed 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 the offence by the Authorized

Officer under sub-section (2-A) of Section 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. The learned

Judges held that the Act provides for a special

machinery for confiscation of illicitly felled timber or

forest produce by the Authorized Officer under sub-

section (2-A) of Section 44 enacted in the general public

interest to suppress the mischief of ruthless exploitation

of government forests by illicit felling and removal of

teak and other valuable forest produce.”

(emphasis supplied)

15 (1980) 1 ALT 8

16 “(2-A) Where an Authorized Officer seizes under sub-section (1) any timber or forest produce or where any

such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest

offence has been committed in respect thereof, he may order confiscation of the timber or forest produce so

seized or produced together with all tools, ropes, chains, boats or vehicles used in committing such offence.”

17 Section 20 provides for penalties for trespass or damage in reserved forest and acts prohibited in such

forest, and Section 29 provides for the power to make rules to regulate the transit possession of timber and other

forest produce.

23

Consequently, the mere fact that there was an acquittal in a criminal trial before a

Magistrate due to a paucity of evidence would not necessarily result in nullifying

the order of confiscation passed by an Authorised Officer based on a satisfaction

that a forest offence had been committed.

20In 2002, a two judge Bench of this Court in KA Kunchindammed (supra)

dealt with the provisions of the Karnataka Forest Act 1963. The issue before the

Court was whether it is the Authorised Officer under that Act or the Magistrate

under the CrPC who is vested with the power to order interim release of forest

produce seized under the Act. Section 71

18

contained a savings provision that

allowed an officer duly empowered by the state government to direct the release

of property seized under Section 62, which is the property of the government.

Section 71-G

19

provided for the bar of jurisdiction, save and except of the

Authorised Officer or the Appellate Authority. Interpreting the provisions of the

Karnataka Forest Act, 1963 this Court held that the law is a special statute.

Moreover, the non obstante clause gave overriding effect to the legislation as a

result of which the general power which is vested with the Magistrate under the

CrPC is taken away. Justice DP Mohapatra, speaking for the Court, held:

18 “71. Saving of power to release property seized.—Nothing hereinbefore contained shall be deemed to

prevent any officer empowered in this behalf by the State Government from directing at any time the immediate

release of any property seized under Section 62, which is not the property of Government, and the withdrawal of

any charge made in 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 Ailanthus Malabaricum), canes firewood or charcoal belonging to the

State Government or any sandalwood, together with any tool, rope, chain, boat, vehicle or cattle used in

committing any offence is seized under sub-section (1) of Section 62, the authorized officer under Section 71-A or

the officer specially empowered under Section 71-C or the Sessions Judge hearing an appeal under Section 71-D

shall have and, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal

Procedure, 1973 (2 of 1974) or in any other law for the time being in force, any other officer, court, tribunal or

authority shall not have, jurisdiction to make orders with regard to the custody, possession, delivery, disposal or

distribution of such property.”

24

“23. The Karnataka Forest Act is a special statute enacted for

the purpose of preserving the forests and the forest produce

in the State. The scheme of the Act, as expressed in the

sections, is to vest power in the Authorized Officers of the

Forest Department for proper implementation/enforcement of

the statutory provisions and for enabling them to take

effective steps for preserving the forests and forest produce.

For this purpose, certain powers including the power of

seizure, confiscation and forfeiture of the forest produce

illegally removed from the forests have been vested

exclusively in them. The position is made clear by the non

obstante clause in the relevant provisions giving overriding

effect to the provisions in the Act over other statutes and

laws. The necessary corollary of such provisions is that in a

case where the Authorized Officer is empowered to confiscate

the seized forest produce on being satisfied that an offence

under the Act has been committed thereof the general power

vested in the Magistrate for dealing with interim

custody/release of the seized materials under CrPC has to

give way. The Magistrate while dealing with a case of any

seizure of forest produce under the Act should examine

whether the power to confiscate the seized forest produce is

vested in the Authorized Officer under the Act and if he finds

that such power is vested in the Authorized Officer then he

has no power to pass an order dealing with interim

custody/release of the seized material. This, in our view, will

help in proper implementation of provisions of the special Act

and will help in advancing the purpose and object of the

statute. If in such cases power to grant interim

custody/release of the seized forest produce is vested in the

Magistrate 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

the foregoing paragraphs the position that emerges is that the

learned Magistrate and the learned Sessions Judge were

right in holding that on facts and in the circumstances of the

case, it is the Authorized Officer who is vested with the power

to pass order of interim custody of the vehicle and not the

Magistrate.”

Consequently, in the view of this Court, it is the Authorised Officer who is vested

with the power to pass an order for interim custody of a seized vehicle and not the

Magistrate.

25

21Subsequently in 2004 in Sujit Kumar Rana (supra) another two judge

Bench of this Court dealt with the applicability of Section 482 of the CrPC for

quashing of proceedings for confiscation of forest produce under the provisions of

the Indian Forest Act, 1927, as amended in relation to the State of West Bengal.

Sections 59-A to 59-G

20

were inserted in the principal Act by the State

amendments to inter alia, confer a power of seizure and confiscation and to enact

a bar of jurisdiction of other courts and tribunals notwithstanding anything

contained in the CrPC. This Court held:

“31. Once, however, a confiscation proceeding is initiated; in

terms of Section 59-G of the Act, the jurisdiction of the

criminal court in this behalf stands excluded. The criminal

court although indisputably has the jurisdiction to deal with

the property which is the subject-matter of offence in terms of

the provisions of the Code of Criminal Procedure but once a

confiscation proceeding is initiated, the said power cannot be

exercised by the Magistrate.”

Once the criminal court had no power to deal with the property seized under the

Act, the High Court was held to have no jurisdiction under Section 482 of the

CrPC to quash proceedings for confiscation of forest produce.

20 “59-A. Confiscation by Forest Officer of forest produce in the case of forest offence believed to have

been committed.—(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or in any

other law for the time being in force, where a forest offence is believed to have been committed in respect of the

timber or other forest produce which is the property of the State Government, the Forest Officer 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 the offence, before an officer of a rank not inferior to that of an Assistant Conservator of Forests,

authorized by the State Government in this behalf by notification in the Official Gazette (hereinafter referred to as

the authorized officer).”

Section 59-B provides the procedure for issue of notice before confiscation. Section 59C provides for a

revision against the order of confiscation. Section 59D provides a right to appeal against the order of revision.

Section 59E provides a savings provision for award of punishment under other provision of the Act. Section 59F

provides that confiscated property and proceeds of sale to vest in Government.

“Section 59-G. Bar of jurisdiction in certain cases.—Notwithstanding anything to the contrary

contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being

in force, the officer authorized under Section 59-A or the Forest Officer specially empowered under Section 59-C

or the District Judge to whom an appeal may be preferred under Section 59-D shall have and any other officer or

Forest Officer or court, tribunal or authority shall not have jurisdiction to make orders with regard to the custody,

possession, delivery, disposal or distribution of any property or tools, ropes, chains, boats, vehicles or cattle

seized under Section 52.”

26

22In 2017, a similar view has been taken by another two judge Bench of this

Court in Kallo Bai (supra) while construing the provisions of the Madhya Pradesh

Van Upaj (Vyapar Viniyam) Adhiniyam, 1969. By virtue of the amendments made

to the Adhiniyam, Sections 15-A to 15-D

21

were introduced to provide for

confiscation proceedings in line with the provisions contained in the Forest Act as

amended in relation to the State of Madhya Pradesh. Relying on the earlier

decisions of this Court including GV Sudhakar Rao (supra), Justice NV Ramana,

speaking for the two judge Bench held:

“23. Criminal prosecution is distinct from confiscation

proceedings. The two proceedings are different and parallel,

each having a distinct purpose. The object of confiscation

proceeding is to enable speedy and effective adjudication

with regard to confiscation of the produce and the means

used for committing the offence while the object of the

prosecution is to punish the offender. The scheme of the

Adhiniyam prescribes an independent procedure for

confiscation. The intention of prescribing separate

proceedings is to provide a deterrent mechanism and to stop

further misuse of the vehicle.”

23This leaves the Court to deal with a judgment rendered in 2008 by a two

judge Bench of this Court in State of MP v Madhukar Rao

22

. The issue in that

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 of proceedings for confiscation of property by the

Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject

matter of confiscation, has been made, no Court, Tribunal or Authority (other than the authorised officer, Appellate

Authority and Court of Sessions referred to in Sections 15, 15-A and 15-B as the case may be), shall have

jurisdiction to make orders with regard to which proceedings for confiscation are initiated under Section 15,

notwithstanding anything contained 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 shall satisfy himself that

no intimation under sub-section (5) of Section 15 has been received by his Court or by any other Court having

jurisdiction to try the offence on account of which the seizure of property has been made.

Explanation.—Where under any law for the time being in force, two or more Courts have 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 jurisdiction shall be construed to be receipt of intimation under that provision by all the

Courts and the bar to exercise jurisdiction shall operate on all such Courts.

(2) Nothing hereinbefore contained shall be deemed to prevent any officer authorised in this behalf by

the State Government from directing at any time the immediate release of any property seized under Section 15.”

Section 15-D provides for confiscation of property when the produce is not the property of Government.

22 (2008) 14 SCC 624

27

case was whether upon the seizure of a vehicle or 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 of the CrPC during the pendency of a trial.

Significantly, in that case the provisions of the Wildlife Protection Act 1972 did not

contain provisions analogous to the MP amendments to the Forest Act or for that

matter those contained in the state laws noticed in Sudhakar Rao,

Kunchindammed, Sujit Kumar Rana and Kallo Bai. Section 50 empowered

the Director or the Chief Wildlife Warden, Forest Officer, Authorised Officer or

Police Officer, if they had reasonable grounds for believing that any person has

committed an offence under the Act, to seize a captive or wild animal, animal

article, meat, trophy etc. together with tools, vehicles, vessels or weapons used

for the commission of the offence. Under sub section (2) of Section 50, prior to its

amendment in October 1991

24

, the Assistant Director or Wildlife Warden was

empowered to release inter alia, a vehicle, vessel or weapon subject to a bond.

This provision was deleted in 1991 and was substituted

25

by a provision for

23 “Section 50 - Power of entry, search, arrest and detention.- (1) Notwithstanding anything contained in

any other law for the time being in force, the Director or any other officer authorised by him in this behalf or the

Chief Wild Life Warden or the authorised 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 committed an offence against

this Act,-

…

(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified

plant or part or derivative thereof, in respect of which an offence against this Act appears to have been

committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for

committing any such offence and, unless he is satisfied that such person will appear and answer any charge

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 or National Park,

inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or

National Park, a fishing tackle or net on such boat shall not be seized.”

24 “(2) Any officer of a rank not inferior to that of an Assistant Director of Wild Life preservation 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 the same on the execution by the owner thereof of a bond for the production of the

property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on

account of which the seizure has been made.”

25 Section 50(2) was deleted post-amendment and replaced with Section 50(3A) as follows:

“(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild Life Preservation or an

Assistant Conservator of Forests, who, or whose subordinate, has seized any captive animal or wild animal under

clause (c) of sub-section (1) may give the same for custody on the execution by any person of a bond for the

production of such animal if and when so required, before the Magistrate having jurisdiction to try the offence on

account of which the seizure has been made.”

28

handing over custody of a captive animal or wild animal which was seized,

subject to the execution of a bond for production before a Magistrate of a

competent jurisdiction. In view of the more limited power of release post-

amendment, it was urged that Section 50 provided a comprehensive scheme and

it was not open to the Magistrate to direct interim release of a vehicle seized

under Section 50. This submission was rejected by the Court, which held that

Section 50 and other provisions in Chapter VI of the Wildlife Protection Act 1972

did not exclude the application of the provisions of the CrPC. The decision in

Kunchindammed was distinguished on the ground that it dealt with the

provisions of the Karnataka Forest Act 1963 whereas the provisions contained in

the Wildlife Protection Act were materially different. Consequently, it was held that

the provisions of Section 50 did not affect the Magistrate’s power to order interim

release of a vehicle under Section 451 of the CrPC. The decision in Madhukar

Rao involved legislation which had provisions distinct from the special provisions

contained in the state amendment to the Forest Act enacted in relation to Madhya

Pradesh. Indeed, the Court noted the distinction when it dealt with the earlier

decision in Kunchindammed which arose in the context of the Karnataka Forest

Act 1963.

24In Kailash Chand v State of MP

26

, a Division Bench of the Madhya

Pradesh High Court considered a challenge to the constitutional validity of the

state amendments to the Forest Act through MP Act 25 of 1983. Noticing that a

criminal prosecution and a proceeding for confiscation are distinct, each with its

own purpose and object, the High Court held:

26 (1995) AIR (MP) 1

29

“...Criminal prosecution is not an alternative to confiscation

proceedings. The two proceedings are parallel proceedings,

each having a distinct purpose and object. The object of

confiscation proceeding is to enable speedy and effective

adjudication with regard to confiscation of the produce and

the means used for committing the offence. The object of the

prosecution is to punish the offender...”

Explaining the underlying purpose and object of the state amendment, the

Division Bench noted:

“…The scheme of the Central Act contemplating successful

prosecution of the offender leading to confiscation has been

drastically modified by the 1983 Act to provide for an

additional procedure for confiscation, a procedure which is

less cumbersome and more expeditious than the procedure

of prosecution and at the same time, assuring necessary

safeguards to the affected persons. The scheme of the

Central Act provides for prosecution incidentally leading to

confiscation of property. The scheme of the amendments

introduced by the 1983 Act prescribes an independent

procedure for confiscation. The intention is to ensure that the

vehicle used in the transaction is no longer available for such

misuse and to act as deterrent for the other offender and

others. These objects can be well served by confiscating the

vehicle...”

25In a judgment rendered by one of us (Brother Justice Hemant Gupta as

Chief Justice of the Madhya Pradesh High Court) in Ramkumar Sahoo v State

of Madhya Pradesh

27

, these principles were followed while construing the

provisions of Rule 53 of the MP Minor Mineral Rules 1996.

26Our analysis of the amendments brought by MP Act 25 of 1983 to the

Indian Forest Act 1927 leads to the conclusion that specific provisions have been

made for the seizure and confiscation of forest produce and of tools, boats,

vehicles and articles used in the commission of offences. Upon a seizure under

Section 52(1), the officer effecting the seizure has to either produce the property

27 Writ Petition No 18818 of 2017 decided on 15 February 2018

30

before the Authorised Officer or to make a report of the seizure under sub-section

(2) of Section 52. Upon being satisfied that a forest offence has been committed,

the Authorised Officer is empowered, for reasons to be recorded, to confiscate

the forest produce together with the tools, vehicles, boats and articles used in its

commission. Before confiscating any property under sub-section (3), the

Authorised Officer is required to send an intimation of the initiation of the

proceedings for the confiscation of the property to the Magistrate having

jurisdiction to try the offence. Where it is intended to immediately launch a

criminal proceeding, a report of the seizure is made to the Magistrate having

jurisdiction to try the offence. The order of confiscation under Section 52(3) is

subject to an appeal under Section 52-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

revision notwithstanding anything contained to the contrary in the CrPC and

provides that it shall not be called into question before any court. Section 52-C

stipulates that on the receipt of an intimation by the Magistrate under sub-section

(4) of Section 52, no court, tribunal or authority, other than an Authorised Officer,

an Appellate Authority or Court of Sessions (under Sections 52, 52-A and 52-B)

shall have jurisdiction to pass orders with regard to possession, delivery, disposal

or distribution of the property in regard to which confiscation proceedings have

been initiated. Sub-section (1) of Section 52-C has a non obstante provision

which operates notwithstanding anything to the contrary contained in the Indian

Forest Act 1927 or in any other law for the time being in force. The only saving is

in respect of an officer duly empowered by the State government for directing the

immediate release of a property seized under Section 52, as provided in Section

31

61. Hence, upon the receipt of an intimation by the Magistrate 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 scheme

contained in the amendments enacted to the Indian Forest Act 1927 in relation to

the State of Madhya Pradesh, makes it abundantly clear that the direction which

was issued by the High Court in the present case, in a petition under Section 482

of the CrPC, to the Magistrate to direct the interim release of the vehicle, which

had been seized, was contrary to law. The jurisdiction under Section 451 of the

CrPC was not available to the Magistrate, once the Authorised Officer initiated

confiscation proceedings.

27The Madhya Pradesh amendments to the Indian Forest Act 1927 are

infused with a salutary public purpose. Protection of forests against depredation

is a constitutionally mandated goal exemplified by Article 48A

28

of the Directive

Principles and the Fundamental Duty of every citizen incorporated in Article

51A(g)

29

. By isolating the confiscation of forest produce and the instruments

utilised for the commission of an offence from criminal trials, the legislature

intended to ensure that confiscation is an effective deterrent. The absence of

effective deterrence was considered by the Legislature to be a deficiency in the

legal regime. The state amendment has sought to overcome that deficiency by

imposing stringent deterrents against activities which threaten the pristine

existence of forests in Madhya Pradesh. As an effective tool for protecting and

preserving environment, these provisions must receive a purposive interpretation.

28 Article 48(A) : "The State shall endeavour to protect and improve the environment and 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 of India to protect and improve

the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”

32

For, it is only when the interpretation of law keeps pace with the object of the

Legislature that the grave evils which pose a danger to our natural environment

can be suppressed. The avarice of humankind through the ages has resulted in

an alarming depletion of the natural environment. The consequences of climate

change are bearing down on every day of our existence. Statutory interpretation

must remain eternally vigilant to the daily assaults on the environment.

28For the above reasons, we allow the appeal and set aside the impugned

judgment and order of the High Court dated 29 July 2011 in MCRC 5171 of 2011.

Criminal Appeal No.525 of 2019 @ SLP (Crl.) No 5413 of 2013:

29For the reasons which have been indicated in the judgment delivered today

in Criminal Appeal @ Special Leave Petition (Crl.) No 2001 of 2012, the judgment

and order of the High Court dated 7 July 2011 in MCRC No 1818 of 2009 shall

stand set aside and the appeal is accordingly allowed.

Criminal Appeal No 1364 of 2012:

30For the reasons which have been indicated in the judgment delivered in

Criminal Appeal @ Special Leave Petition (Crl.) No 2001 of 2012, the judgment

and order of the High Court dated 7 July 2011 in MCRC No 2634 of 2009 shall

stand set aside and the appeal is accordingly allowed.

33

Criminal Appeal Nos 1362-63 of 2012:

31For the reasons which have been indicated in the judgment delivered today

in Criminal Appeal @ Special Leave Petition (Crl.) No 2001 of 2012, the

judgments and orders of the High Court dated 7 July 2011 and 21 September

2011 in MCRC No 1751 of 2009 and MCRC No 5673 of 2011 shall stand set

aside and the appeals are accordingly allowed.

……......................................................J

[Dr Dhananjaya Y Chandrachud]

.….….....................................................J

[Hemant Gupta]

New Delhi;

March 26, 2019.