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Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): Y. K. Sabharwal, B. N. Agrawal , JJ

(A) Forest Act (16 of 1927) , S.2(4)— 'Forest produce' defined - Cutch and kattha come within sweep of expression 'catechu' enumerated in definition - Cutch and kattha are 'forest produce'. Catechu means any of the various dry, earthy or resinous astringent substances extracted from wood, leaves or fruits of various tropical Asiatic plants, viz., acacia and other trees and shrubs. Khair tree is one of the types of acacia tree and log of wood of the said tree is basic raw material for the manufacture of kattha and cutch. After employing series of activities to the log of khairwood, various substances, namely, cutch and kattha etc., are extracted which are known as one of the types of catechu. This being the position, cutch and kattha come within the sweep of expression 'catechu' which has been enumerated in the definition of forest produce, as such kattha and cutch are forest produce within the meaning of S. 2(4) of the Act. (Para 8) (B) Forest Act (16 of 1927) , S.52— Madhya Pradesh Transit (Forest Produce) Rules (1961) , R.29, R.3— Confiscation and seizure of forest produce - Not dependent upon launching of criminal prosecution for commission of forest offence - But, condition precedent for initiating confiscation proceedings is commission of fores....