9911796707
TMI Blog2000 (8) TMI 1133X X X X Extracts X X X X X X X X Extracts X X X X ..... 96-97, the vehicles along with the seized timber were produced before the Authorised Officer (Deputy Conservator of Forests, Mangalore Division, Mangalore) for taking action under Section 71-A of the Act. Vide order dated 6.2.1997 the Range Forest Officer, Puttur was authorised to keep the vehicles and logs under his safe custody till further orders. Lorry owner filed an application for the release of his vehicle which was rejected on 14.5.1997. However, vide order dated 11.7.1997, passed by the Additional Sessions Judge, D.K. Mangalore in Criminal Appeal No.52 of 1997, the said lorry was released to its registered owner on interim custody. Thereafter the respondent filed an application praying for the release of the vehicle to him on inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to consolidate and@@ JJJJJJJJJJJJJJJ amend the law relating to forests and forests produce in the@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ State of Karnataka with the main object of preserving and@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ protecting the forests and their produce in the State. Forests produce has been defined under sub-section (7) of Section 2 as under: 2(7) forest produce includes,-- (a) the following whether found in or brought from a forest or not, that is to say: Timber, charcoal, caoutchoue, catechu, sandalwood lootikai (Capparis Mooni), wood oil, sandalwood oil, resin, rubber latex, natural varnish, bark, lac, mahua or ippe (Bassialatifolia) flowers and seeds, seed of Prosopis, juliflora, kuth, and temburni or tupra (D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tools, boats, vehicles and cattle used in committing any forest offence are liable to forfeiture to the State Government subject to the provisions of Section 71G of the Act. Section 71A authorises the Forest Officer to order confiscation of the seized property in certain cases. Any person aggrieved by an order passed under Section 71A or Section 71C has the right to file an appeal to the Sessions Judge having jurisdiction over the area in which the property to which the order relates has been seized. Learned counsel appearing for the appellant-State has submitted and we agree that 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. Liber ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n any vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not normally be returned to a party till the culmination of all the proceedings in respect of such offence, including confiscatory proceedings, if any. Nonetheless, if for any exceptional reasons a court is inclined to release the vehicle during such pendency, furnishing a bank guarantee should be the minimum condition. No party shall be under the impression that release of vehicle would be possible on easier terms, when such vehicle is alleged to have been involved in commission of a forest offence. Any such easy release would tempt the forest offenders to repeat commission of such offences. Its casualty will be the forests as the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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