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TMI Blog2004 (3) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment rendered by Gwalior Bench of Madhya Pradesh High Court whereby two petitions filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code ) by Respondent Nos. 1 and 3 have been allowed and seizure of stock of kattha and cutch under the provisions of Section 52 of the Indian Forest Act, 1927 ( Act for short) for violation of provisions of rule 3 of Madhya Pradesh Transit (Forest Produce) Rules, 1961 (hereinafter referred to as the Transit Rules ) and the consequent proceedings have been quashed. The short facts are that on 2.5.1988 a truck bearing No. USR-1147 was intercepted by the police near Shinde Police Outpost under Indra Ganj Police Station in the District of Gwalior within the State of Madhya Pradesh and it transpired that 281 cases of kattha manufactured by M/s. Harsh Wood Products (Respondent No. 2) were loaded therein at their factory premises, the same having been purchased by M/s. K.S. Finance Corporation (Respondent No. 3) without obtaining transit pass as required under rule 3 of the Transit Rules. Thereafter, the matter was reported to the Sub-Divisional Forest Officer, Gwalior, who initiated a confiscation proceeding und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 7.9.1995 passed by the High Court, two petitions were filed before this Court for grant of special leave in which leave to appeal having been granted, the present appeals are before us. The main question that falls for our consideration is as to whether kattha and cutch are forest produce within the meaning of Section 2(4) of the Act . For deciding this question, it would be necessary to refer to Section 2(4) of the Act which reads thus:- "S.2.- Interpretation Clause.- In this Act, unless there is anything repugnant in the subject or context, - (4) "forest-produce" includes (a) the following whether found in, or brought from, a forest or not, that is to say:- timber, charcoal, caoutchouc, catechu, woodoil, resin, natural varnish, bark, lac, shellac gum, mahua flowers, mahua seeds tendu leaves, kuth and myrobalans, and (b) the following when found in, or brought from a forest, that is to say:- (i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees, (ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, (iii) wild animals and skins, tusks, horns, bon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edited by R.S.McGREGOR at page 244, to mean "the plant or tree of acacia which is a source of gum, timber and the astringent extract used with pan leaves." At this juncture, it may be useful to refer to the decision of this Court in the case of Himachal Pradesh Marketing Board and others v. Shankar Trading Co. Pvt. Ltd. and others ,(1997) 2 SCC 496, wherein question had arisen as to whether kattha is a forest produce within the meaning of Himachal Pradesh Agricultural Produce Markets Act, 1969 wherein agricultural produce is defined under Section 2(a) to mean all produce as specified in the Schedule of the Act and as kattha is specifically enumerated in the Schedule of the said Act, this Court came to the conclusion that kattha is an agricultural produce within the meaning of Section 2(a) of the said Act. In that case, stand was taken before this Court on behalf of the parties that kattha is extracted from wood of tree known as khair and khair wood becomes the essential and basic raw material for the manufacture of kattha inasmuch as the said wood is not used in manufacturing of kattha alone but is also used and utilized for the manufacturing of forest medicines etc. and in orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... types of catechu. This being the position, we hold that 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 Section 2(4) of the Act and the High Court was not justified in holding otherwise. The next question that arises in the present case is as to whether confiscation proceeding can be initiated under Section 52 of the Act only after launching of criminal prosecution or it is open to the Forest Authorities upon seizure of forest produce to initiate both or either. Under Section 52 of the Act when a forest officer or a police officer has reasons to believe that a forest offence has been committed in respect of any forest produce, he may seize the same whereupon confiscation proceeding can be initiated. Forest offence has been defined under Section 2(3) of the Act to mean an offence punishable under this Act or any rule framed thereunder. Section 41 empowers State Government to frame rules for regulating transit of forest produce. Section 42 further empowers the State Government to frame rules prescribing thereunder penalties for breach of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r commission of a forest offence has been launched against the offender or not. It is a separate and distinct proceeding from that of a trial before the court for commission of an offence. Under sub-section (2-A) of Section 44 of the Act, where a Forest Officer makes a report of seizure of any timber or forest produce and produces the seized timber before the authorized officer along with a report under Section 44(2), the authorized officer can direct confiscation to Government of such timber or forest produce and the implements etc. if he is satisfied that a forest offence has been committed, irrespective of the fact whether the accused is facing a trial before a Magistrate for the commission of a forest offence under Section 20 or 29 of the Act." In the case of State of W.B. vs. Gopal Sarkar, (2002) 1 SCC 495, while noticing the view taken in the case of G.V. Sudhakar Rao (supra), this Court has reiterated that the power of confiscation is independent of any criminal prosecution for the forest offence committed. This being the position, in our view, the High Court has committed an error in holding that initiation of confiscation proceeding relating to kattha was unwarranted as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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