2007 CRI. L. J. 3008 ::(2007) 36 OCR 828

Orissa High Court

Hon'ble Judge(s): A. K. Parichha , J

Orissa Forest Act (14 of 1972) , S.56(1)— Criminal P.C. (2 of 1974) , S.457— Forest offence - Seizure of vehicle involved therein - Release of - Criminal Court in exercise of power under S. 457 would have no jurisdiction to order release of vehicle. In case of seizure of vehicle involved in a forest offence by forest official the Criminal Court would have no jurisdiction to release the vehicle in exercise of power under S. 457, Cr. P. C. similarly when the vehicle involved in forest offence is seized by the police authorities and the vehicle and the forest produce are handed over to the forest authorities for initiating confiscation proceeding then also the criminal Court would have no power under S. 457, Cr. P. C. such view is logical as otherwise this may lead to conflict of decision of the Magistrate and the Authorized Officer. Only when the vehicle involving in a forest offence is seized by the police authorities and is produced before the Magistrate and no confiscation proceeding is pending then and then only the Magistrate would have jurisdiction to pass any order in exercise of power under S. 457, Cr. P. C.(Para 7)