vehicle seized in forest offence should not be released on supratnama

 In that view of the matter, merely because the petitioner had made certain representations to the respondent-authorities for release of his vehicle whereby he has accepted his guilt and just because the petitioner has further clarified that the alleged commission of offence in question by his driver was because of the bona fide act of his driver, does not confer any right in him much less under the provisions of Indian Forest Act to claim release of vehicle immediately unless the inquiry as was proposed and conducted in the matter is completed. We are fortified in our view in light of the law laid down by the Hon'ble Apex Court in the case of State of Karnataka v. K. Krishnan, reported in MANU/SC/0512/2000 : AIR 2000 SC 2729. The Hon'ble Apex Court while dealing with the similar case, in paragraphs '7' and '8' observed thus:

7. 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. 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, catties, 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 the authorities under the Act including the Appellate Authority to pass appropriate orders under the circumstances of each case but only after assigning valid reasons. The liberal approach in the matter would perpetuate the commission of more offences with respect to the forest and its produce which, if not protected, is surely to affect the mother-earth and the atmosphere surrounding it. The courts cannot shut their eyes and ignore their obligations indicated in the Act enacted for the purposes of protecting and safeguarding both the forests and then-produce. The forests are not only the natural wealth of the country but also protector of human life by providing a clean and unpolluted atmosphere. We are of the considered view that when 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 same cannot be replenished for years to come.

Citation: 2014(4)FLT821, 2014(5)MhLj286,2016 CRLJ(NOC)76 BOM

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

W.P. No. 3805 of 2002

Decided On: 02.04.2014

Appellants: Sanjay Namdeorao  Suryawanshi
Vs.
Respondent: State of Maharashtra

Hon'ble Judges/Coram:S.V. Gangapurwala and N.W. Sambre, JJ.

Key words

#vehicle

#seize

#seizure