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AIR 2000 SUPREME COURT 2729
::2000 AIR SCW 2911
Supreme Court Of India
(From : Karnataka)*
Hon'ble Judge(s):
K. T. Thomas,
R. P. Sethi
, JJ
Karnataka Forest Act (5 of 1964) , S.71A— Illegal transportation of forest produce - Seizure and release of forest produce/property used in commission of forest offence - Liberal approach in matter is uncalled for - Vehicle seized for committing forest offences - Shall not normally be returned to party till culmination of all proceedings in respect of said offence. Forest Act (16 of 1927) , S.53— Cri. P. No. 2852 of 1999, D/- 11-10-1999 (Kant), Reversed. The provisions of the Act are required to be strictly complied with and followed for the purposes of achieving the object for which the Act was enacted. Liberal approach in the matter with respect to the property seized, which is liable to confiscation, is uncalled for as the same is likely to frustrate the provisions of the Act. Before passing an order for releasing the forest produce or the property used in the commission of the forest offence the Authorised Officer or the Appellate Authority has to specify the reasons which justify such release, apparently, prima facie excluding the possibility of such forest produce or the property being confiscated ultimately. Generally, therefore, any forest produce and the tools boats, vehicles, cattles etc., used in the commission of the forest offence, which are liable to forfeiture should not be released. This however does not debar the officers and ....
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