PRINCL. CHIEF CONSERVATOR OF FOREST & ANR.versusJ.K. JOHNSON & ORS.

                       [2011] 12 S.C.R. 1144


A    PRINCL. CHIEF CONSERVATOR OF FOREST & ANR.
                                  v.
                       J.K. JOHNSON & ORS.
                  (Civil Appeal No. 2534 of 2011)

                        OCTOBER 17, 2011
B
      [R.M. LODHA AND JAGDISH SINGH KHEHAR, JJ.]

        WILD LIFE (PROTECTION) ACT, 1972:

c       Object of its enactment - Discussed.

         s.54(1) - Power of specified officer to order forfeiture of
  seized items - Held: A specified officer empowered u/s.54(1)
  of the Act as amended by the Wild Life (Protection)
  Amendment Act, 2002 (Act 16 of 2003) to compound
D offences, has no power, competence or authority to order
  forfeiture of the seized items on composition of the offence
  by a person who is suspected to have committed offence
  against the Act - Wild Life (Protection) Amendment Act, 2002
  (Act 16 of 2003).
E
       s.39(1)(d) - Applicability of- Held: Is applicable if there
  is categorical finding about the use of seized items for
  commission of offence and not where seized items were
  suspected to have been used for committing offence.
F       s.39(1)(d) and s.51(2) - Distinction between.

       s.54(2) - Prior to 'and after amendment - Held: s.54(2)
  of the 1972 Act, prior to the amendment by Act 16 of 2003,
  authorized the empowered officer, on payment of value of the
G property liable to be forfeited, to release the seized property,
  other than the government property- The provision underwent
  changes w.e.f. April 1, 2003 and the provision for release of
  the $eized property was deleted - By deletion of the provision
  for release of the seized property, it cannot be said that the
H                                1144
   PRINCL. CHIEF CONSERVATOR OF FOREST & 1145
          ANR. v. J.K. JOHNSON & ORS.

Parliament intended to confer power on the specified officer         A
to order forfeiture of the seized property which is nothing but
one form of penalty in the context of the 1972 Act - Had the
Parliament intended to do so, it would have made an express
provision in that regard - Such donferment of power of penalty
upon the specified officer can'not be read by implication in         B
s. 54(2) - A/so any power of forfeiture conferred upon Executive
authority merely on suspicion or accusation.may amount to
depriving a person of his property without authority of law -
Such power cannot be readily read by relying on the
Statement of Objects and Reasons (Act 16 of 2003) without            c
any express provision in the statute - Interpretation of statutes.

      s.54(2) - Composition of the offence under - Held: The
composition of the offence uls.54 is not during the course of
trial or in the trial of a compoundable offence - Compounding
u/s.54 is a departmental compounding and does not amount D ·
to an acquittal - s.54(2) provides that on payment of money
to the empowered officer, the suspected person, if in custody,
shall be discharged and no further proceedings in respect of
the offence shall be taken against such person - In terms 'of ·
sub-section (2) of s. 54, therefore; on composition of the E
offence, the suspected person is saved from criminal
prosecution, and from being subjected to further proceedings
in respect of the offence.

    Forfeiture and seizure - Connotation of and distinction          F
between - Discussed.

     INTERPRETATION OF STATUTES: Reference to the
Statement of Objects and Reasons - Held: The reference to
the Statement of Objects and Reasons is for understanding
the enactment and the purpose is to ascertain the conditions         G
prevailing at the time the Bill was introduced and the objects
sought to be achieved by the proposed amendment - The
Statement of Objects and Reasons is not ordinarily used to
determine the true meaning of the substantive provisions· of
                                                                     H
    1146    SUPREME COURT REPORTS               [2011) 12 S.C.R.

A the statute - As an aid to the construction of a statute, the
    Statement of Objects and Reasons appended to the Bill,
    ordinarily must be avoided - Wild Life (Protection) Act, 1972.

      The question which arose for consideration in the
  instant appeal was whether a specified officer
8
  empowered under Section 54(1) of the Wild Life
  (Protection) Act, 1972 as amended by the Wild Life
  (Protection) Amendment Act, 2002 (Act 16 of 2003), to
  compound offences, has power, competence and
C authority, to order forfeiture of the seized items, on
  payment of a sum of money by way of composition of the
  offence by a person who is suspected to have committed
  offence against the Act.

        Disposing of the appeal, the Court
D
       HE.LO: 1. A specified officer empowered under
  Section 54(1) of the Wild Life (Protection) Act, 1972 as
  amended by the Wild Life (Prot~ction) Amendment Act,
  2002 (Act 16 of 2003) to compound offences, has no
E power, competence or authority to order forfeiture of the
  seized items on composition of the offence by a person
  who is suspected to have committed offence against the
  Act. [para 41] [1172-F-G]

        2.1. The Wild Life (Protection) Act, 1972 was enacted
F by the Parliament to provide for the protection of wild
   animals and birds and for matters connected therewith
   or ancillary or incidental thereto. The Act, inter a/ia, seeks
   to regulate hunting of wild animals and birds; regulate
   possession, acquisition or transfer of, or trade in, wild
G animals, animal articles and trophies and taxidermy
   thereof and provide penalties for contravention of the Act.
   Pertinently, the 1972 Act has been subjected to extensive
   amendments from time to time. It has been amended by
   Act 23 of 1982, Act 28 of 1986, Act 44 of 1991, Act 26 of
H' 1993 and Act 16 of 2003. Chapter VI-A has been inserted
  PRINCL. CHIEF CONSERVATOR OF FOREST &                1147
         ANR. v. J.K. JOHNSON & ORS.
in the 1972 Act by Act 16 of 2003. This chapter makes          A
provision for forfeiture of property derived from illegal
hunting and trade. The applicability of Chapter VI-A is
provided in Section 58A. This Chapter is, accordingly,
applicable to (a) every person who has been convicted
of an offence punishable under the Act with imprisonment       B
for a term of three years or more; (b) every associate of
a person referred to in clause (a) and (c) any holder of
any property which was at any time held by a person
referred to in clause (a) or clause (b) unless the present
holder or, as the case may be, anyone who held such            c
property after such person and before the present holder,
is or was transferee in good faith for adequate
consideration. The Statement of Objects and Reasons
(Act 16 of 2003) annexed with Wild Life (Protection)
Amendment Bill, 2002, in clause (xvi), proposed, "to
                                                               0
provide that the vehicles, weapons and tools, etc. used
in committing compoundable offences are not to be
returned to the offenders". [paras 19, 25, 26] (1158-F;
1159-A·C; 1164-C·F]

     2.2. The statutory provisions do not in explicit terms    E
provide for the forfeiture of the seized items by the
departmental authorities from a person who is suspected
to have committed offence/s against the 1972 Act.
Chapter VI-A which has been inserted in the 1972 Act by
Act 16 of 2003 that provides for forfeiture of property        F
derived from illegal hunting and trade is entirely different
provision and has nothing to do with forfeiture of the
property seized from a person accused of commission
of offence against the 1972 Act. Insofar as Section
39(1)(d) of the 1972 Act is concerned, it provides that        G
every vehicle, vessel, weapon, trap or tool that has been
used for committing an offence and has been seized
under the provisions of the Act shall be the property of
the state government and in a certain situation, the
property of the central government. The key words in           H
    1148    SUPREME COURT REPORTS              [2011] 12 S.C.R.

A Clause (d) of Section 39(1) are, " ..... has been used for
  committing an offence ...... ". The kind of absolute vesting
  of the seized property in the state government, on mere
  suspicion of an offence committed against the 1972 Act,
  could not have been intended by the Parliament. It is not
B even scarcely disputed that every enactment in the
  country must be in conformity with the Indian
  Constitution. In this view, it is not sufficient - nor the law-
  makers intended to make it - to deprive a person of the
  property seized under the 1972 Act on accusation that
c such property has been used for committing an offence
  against the Act. Section 39(1)(d) does not get attracted
  where the items, suspected to have been used for
  committing an offence, are seized under the provisions
  of the Act. It is implicit in Section 39(1 )(d) that for this
  provision to come into play there has to be a categorical
0
  finding by the competent court of law about the use of
  seized items such as vehicle, weapon, etc. for
  commission of the offence. [para 28] [1164-G-H; 1165-A-
  F]

E      3. Section 51 (2) of the 1972 Act provides for forfeiture
  of the property on conviction; it says, inter-alia, that when
  any person is convicted of an offence against the Act, the
  court trying the offence may order that any captive
  animal, wild animal, etc. in respect of which the offence
F has been committed and any vehicle, vessel or weapon
  etc. used in the commission of the said offence be
  forfeited to the state government. 'Forfeiture' and
  'seizure' have different meaning and connotation in law.
  In law, seizure is the taking possession of property by an
G officer under legal process. Seizure of property under
  legal process is a temporary measure. It is temporary
  interference with the right to hold the property. Seizure
  under legal process is usually followed by confiscation
  or forfeiture or disposal in accordance with the provisions
H under which seizure has been made or the property is
  PRINCL. CHIEF CONSERVATOR OF FOREST & 1149
         ANR. v. J.K. JOHNSON & ORS.
returned to the person from whom it has been seized or        A
to the lawful claimant to such property. While Section
39(1)(d) provides that seized property under the 1972 Act
used for commission of the offence/s against the Act
shall be the property of the state government or the
central government as the case may be, the other              B
provisions like Section 51 (2) and Chapter VI-A provide for
forfeiture of the property in certain situations. However,
for the seized property used for commission of offence
to be the property of the state government or the central
government under Section 39(1 )(d), offence against the       c
Act has to be legally ascertained and adjudicated by a
competent court of jurisdiction. [Paras 29, 30] [1165-H;
1166-A-B-F-H; 1167-A-C]

    State of Madhya Pradesh and Others v. Madhukar Rao
(2008) 14 SCC624: 2008 (1) SCR 413; R.S. Joshi etc. v. Ajit D
Mills Ltd & Anr. AIR 1977 SC 2279: 1978 ( 1 ) SCR 338; The
Chairman of the Bankura Municipality v. Lalji Raja & sons
AIR 1953 SC 248: 1953 SCR 767- relied on.

    The Law Lexicon' by P. Ramanatha Aiyer [2nd edition       E
(Reprint 2000); Concise Oxford English Dictionary (Tenth
Edition) - referred to.

     4. The composition of the offence under Section 54
of the 1972 Act is not during the course of trial or in the F
trial of a compoundable offence. Compounding under
Section 54 is a departmental compounding and does not
amount to an acquittal. Section 54(2) provides that on
payment of money to the empowered officer, the
suspected person, if in custody, shall be discharged and
no further proceedings in respect of the offence shall be G
taken against such person. In terms of sub-section (2) of
Section 54, therefore, on composition .of the offence, the
suspected person is saved from criminal prosecution,
and from being subjected to further proceedings in
respect of the offence. Section 54(2) of the 1972 Act, prior H
    1150    SUPREME COURT REPORTS             [2011] 12 S.C.R.

A to the amendment by Act 16 of 20.03, authorized the
   empowered officer,' on payment of value of the property
   liable to be forfeited, to release the seized property, other
   than the government property. The provision underwent
   changes w.e.f. April 1, 2003 and the provision for release
8 of the seized property was deleted. By deletion of the
   provision for release of the seized property, it cannot be
   said that the Parliament intended to confer power on the
   specified officer to order forfeiture of the seized property
   which is nothing but one form of penalty in the context
C of the 1972 Act. Had the Parliament intended to do so, it
   would have made an express provision in that regard.
   Such conferment of power of penalty upon the specified
   officer cannot be read by implication in Section 54(2).
   Secondly, any power of forfeiture conferred upon
   Executive authority merely on suspicion or accusation
D may amount to depriving a person of his property without
   authority of law. Such power cannot be readily read by
  ·relying on the Statement of Objects and Reasons (Act 16
   of 2003) without any express provision in the statute.
   [paras 34, 36, 37] [1168-G-H; 1169-A; 1170-A-G]
E
        5. The reference to the Statement of Objects and
   Reasons is for understanding the enactment and the
  purpose is to ascertain the conditions prevailing at the
  time the Bill was introduced and the objects sought to be
F achieved by the proposed amendment; the Statement of
  Objects and Reasons is not ordinarily used to determine
  the true meaning of the substantive provisions of the
  statute. As an aid to the construction of a statute, the
  Statement of Objects and Reasons appended to the Bill,
G ordinarily must be avoided. It is true that by Act 16 of 2003,
  the Parliament has consciously deleted from Section 54
  the provision concerning release of seized property liable
  to be forfeited on payment of value of such property but
  the plain language that is retained in Section 54 (2) after
H
  PRINCL. CHIEF CONSERVATOR OF FOREST & 1151
         ANR. v. J.K. JOHNSON & ORS.     .
amendment which reads, 'on payment of such sum of                  A
money to such officer, the suspected person, if in
custody, shall be discharged and no further proceedings
in respect of the offence shall be taken against such
person' does not show that the Legislature intended to
empower the specified officer under Section 54 to forfeit          s
the seized property used by the suspected person in
commission of offence against the Act. There is no
replacement of the deleted words by any express
provision. Section 54 substituted by Act 16 of 2003 does
not speak of seized property at all-neither its ret!Jrn nor        C
its forfeiture - while providing for composition of offence.
The property seized under Section 50(1 )(c) and Section
50(3A) has to be dealt with by the Magistrate according
to law. This is made clear by Section 50(4) which
provides that things seized shall be taken before a
                                                                   0
Magistrate to be dealt with according to law. Section 54
substituted by Act 16 of 2003 does not empower the
specified officer to deal with the seized property. In this
view of the matter, it was incorrect to state that a
comparative reading of pre-amended Section 54(2) and
Section 54 (2) as substituted by Act 16 of 2003 makes the          E
legislative intent clear that seized articles shall be forfeited
on composition of the offence under the 1972 Act. When
the language of the statutory provision is plain and clear
no external aid is required and the legislative intention
has to be gathered from the language employed. Neither             F
Section 54(2) of the 1972 Act by itself nor Section 54(2)
read with Section 39(1)(d) or any other provision of the
1972 Act empowers and authorizes the specified officer
under Section 54, on composition of the offence, to deal
with the seized property much less order forfeiture of the         G
seized property used by the person suspected of
commission of offence against the Act. In view of that, the
order passed by the Conservator of Forests, Nizamabad
against respondent nos. 1 to 3 for forfeiture of their
vehicle and rifles to the state government was de hors             H
    1152    SUPREME COURT REPORTS               [2011] 12 S.C.R.

A the provisions of the 1972 Act and was unsustainable.
   The respondent nos. 1 to 3 must accordingly apply to the
   concerned Magistrate for the return of seized items who
  .obviously will consider such application according to law.
   [Paras 38, 39, 40] (1171-A-H; 1172-A-D-E-F]
B
        The Central Bank of India & Ors. v. Their Workmen, etc.
    AIR 1960 SC 12: 1960 SCR 200 - relied on.

       Sewpujanrai lndrasanrai Ltd. v. Collector of Customs and
  Ors. AIR 1958 SC 845: 1959 SCR 821; Biswabahan Das v.
C Gopen Chandra Hazarika and Ors. (1967) 1 SCR 447;
  Madhukar Rao S/o Malik Rao v. State of M.P. and others
  2000(1) MPLJ 289; A.G. Sharma v. Delhi Administration
  (1973) 1 SCC 726: 1973 (3) SCR 477; State of Maharashtra
  v. Marwanjee F. Desai and Others (2002) 2 SCC 318: 2001
o (5) Suppl. SCR 647; Prakash Kumar alias Prakash Bhutto
  v. State of Gujarat (2005) 2 SCC 409: 2005 (1) SCR 408
  Mohd. Shahabuddin v. State c.' Bihar and others (2010) 4
  SCC 653: 2010 (3) SCR 911 Mandvi Cooperative Bank
  Limited v. Nimesh B. Thakore (2010) 3 SCC 83; 2010 (1)
E SCR 219 - referred to.

                        Case Law Reference:
        1959 SCR 821              referred to        Para 13
        (1967) 1 SCR 447          referred to        Para 13
F
        2000(1) MPLJ 289          referred to        Para 16
        2008 (1) SCR 413          relied on          Para 16,17
        1973 (3) SCR 477          referred to        Para 16
G
        2001 (5) Suppl. SCR 647 referred to          Para 16
        2005 (1) SCR 408          referred to        Para 16
        2010 (3) SCR 911          referred to        Para 16
H       2010 (1) SCR 219          relied on          Para 16
  PRINCL. CHIEF CONSERVATOR OF FOREST &                 1153
       . ANR. v. J.K. JOHNSON & ORS.
    1978 (1) SCR 338            relied on         Para 30       A
    1953 SCR 767                relied on         Para 30
    1960 SCR 200                relied on         Para 38
    CIVIL APPELLATE JURISDICTION : Civil Appeal No.             B
2534 of 2011.

    From the Judgment and Order dated 22.01.2010 of the
High Court of Judicature, Andhra Pradesh at Hyderabad in Writ
Appeal No. 1035 of 2006.
                                                                c
    R. Sundervardhan, C.K. Sucharita and Nirada Das for the
Appellants.

    Jayant Kumar Mehta, Sukant Vikram and Rishi Raj
Saxena for the Respondents.
                                                                D
    The Judgment of the Court was delivered by

     R.M. LODHA, J. 1. The significant and important question
raised in this appeal, by special leave, is: whether a specified .
officer empowered under Section 54(1) of the Wild Life E
(Protection) Act, 1972 as amended by the Wild Life
(Protection) Amendment Act, 2002 (Act 16 of 2003) to
compound offences has power, competence and authority, on
payment of a sum of money by way of composition of the .____
offence by a person who is suspected to have committed F
offence against the Act, to order forfeiture of the seized items?

     2. The above question arises in this way. In the intervening
night of July 24/25, 2004, at the Pothamsettipalli, Cross Roads,
the vehicles were being checked by the Sub-Inspector of
Police, Kulcharam Police Station, District Medak. In the course G
of the checking, at 2.45 a.m. a jeep bearing Registration No.
AP - 12 - D 703 was also stopped and checked. The said
jeep was occupied by the present respondent nos. 1, 2 and 3
and two other persons. On checking, the Sub-Inspector of
Police found one gunny bag tied to the front side of the bumper H
    1154     SUPREME COURT REPORTS                [2011] 12 S.C.R.


A of the jeep. The gunny bag had two bags inside; one bag
    contained a hunted wild boar and the other had three rabbits.
    The seizure panchnama was prepared immediately at 3.30 a.m.
    The jeep, a battery, a torchlight, dead animals and two rifles of
    foreign make fitted with telescope were seized. The persons
B   (including respondent nos. 1 to 3 who were occupying the jeep)
    were taken into custody and a case (Crime No. 43 of 2004)
    was registered against them under Section 9 of the Wild Life
    (Protection) Act, 1972 (for short, 'the 1972 Act'). The Division
    Forest Officer, Medak was also immediately informed.
c      3. On July 25, 2004 itself, the Divisional Forest Officer,
  Medak recorded the statement of respondent nos. 1 to 3 and
  two other persons. They gave some explanation with regard to
  the gunny bag containing wild pig and three rabbits and the rifles
  in their possession but stated that the offence was done by
D them in ignorance and they were willing to pay money by way
  of composition of the offence.

         4. On August 10, 2004, the Conservator of Forests,
    Nizamabad Circle, Nizamabad on the report submitted by the
E   Divisional Forest Officer; Medak that the accused persons
    (Respondent Nos. 1 to 3) had offered for compounding the
    offence and they were willing to pay the money by way of
    composition of the offence, ordered that the offence be
    compounded for Rs. 30,000/- under Section 54 of the 1972 Act
F   and the vehicle and the weapons used in committing the offence
    be forfeited.

       5. The respondent no. 1 challenged the above order in
  appeal before the Principal Chief Conservator of'Forests,
  Andhra Pradesh. The Principal Chief Conservator of Forests
G although by his order dated October 9, 2004 held that appeal
  was not maintainable but asked the Conservator of Forests,
  Nizamabad to reduce the composition fee from Rs. 30,000/-
  to Rs. 25,000/- . The respondent no. 1 was asked by the
  Principal Chief Conservator of Forests to approach the
H Conservator of Forests, Nizamabad for further action.
   PRINCL. CHIEF CONSERVATOR OF FOREST & 1155
   ANR. v. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

     6. The Conservator of Forests, Nizamabad then passed             A
a fresh order on November 4, 2004 permitting the respondent
nos. 1 to 3 to compound the offence for Rs. 25,000/-. The seized
items viz; vehicle No. AP - 12 - D 703 and two rifles were
ordered to be forfeited to the state government. It was also
ordered that if the offenders fail to pay compounding fee within      B
seven days, necessary action against them for their prosecution
under Section 51 of the 1972 Act may be taken.

     7. The respondent nos. 1, 2 and 3 challenged the above
three orders insofar as forfeiture of the vehicle and two rifles to
the state government was concerned in a writ petition filed under     C
Article 226 of the Constitution of India before the Andhra
Pradesh High Court.

     8. The Single Judge of the High Court, on hearing the
parties, by his judgment dated March 29, 2005 set aside the           D
order of forfeiture of the vehicle and the two rifles.

     9. The present appellants-the Principal Chief
Conservator of Forests, Hyderabad and the Conservator of
Forests, Nizamabad - preferred intra-court appeal against the         E
order of the Single Judge. The Division Bench of the High Court
dismissed the intra-court appeal and maintained the order of
the Single Judge. This is how the present appeal has reached
this Court.

      10. We heard Mr. R. Sundervardhan, learned senior               F
. counsel for the appellants and Mr. Jayant Kumar Mehta, learned
  counsel for the contesting respondent nos. 1 to 3.

     11. Mr. R. Sundervardhan, learned senior counsel for the
appellants invited our attention to Section 54 of the 1972 Act,       G
particularly sub-section (2) thereof prior to its amendment by
Act 16 of 2003 and the amended Section 54 (2) whereby the
portion, "the property other than Government property, if any,
seized, shall be released" has been omitted and submitted that
the legislative intent was clear that release of seized items was     H .
     1156       SUPREME COURT REPORTS            [2011] 12 S.C.R.


A.   not permissible and it was competent for the specified officer
     empowered to compound offences to order forfeiture of the
     seized items to the state government. In this regard, learned
     senior counsel also referred to Section 39 (1)(d) of the 1972
     Act and submitted that the property seized from a person
8    accused of commission of an offence against the 1972 Act,
     irrespective of the fact that offence has been compounded,
     stands forfeited and the property becomes the property of the
     state government or central government, as the case may be.

          12. Mr. R. Sundervardhan, learned senior counsel would
C    submit that the Statement of Objects and Reasons of Act 16
     of 2003 leaves no manner of doubt that one of the objects
     sought to be achieved by the amendment was to provide that
     the vehicles, vessel, weapons, tools etc. used in committing
     compoundable offences are not returned to the offenders. He
D    argued that legislative intent and policy must be given due
     regard.

        13. Learned senior counsel for the appellants would also
  contend that compounding of the offences under Section 54 is
E not during the course of a trial or in the trial of a compoundable
  offence and, therefore, an order of empowered officer in
  compounding the offence is not an order of acquittal; it is plain
  and simple departmental compounding. He urged that the effect
  of the compounding offences, as provided in Section 320(8)
F of the Code of Criminal Procedure, 1973, (for short, 'the Code')
  is not applicable to the compounding of offences under Section
  54 of the 1972 Act as amended by Act 16 of 2003. He also
  referred to two decisions of this Court (i) Sewpujanrai
  lndrasanrai Ltd. v. Collector of Customs and Ors. 1 to draw
G distinction between the expressions, "offender", "offence" and
  "confiscation" and (ii) Biswabahan Das v. Gopen Chandra
  Hazarika and Ors. 2 , particularly, paragraphs 8, 9 and 13
  thereof. Learned senior counsel, thus, submitted that the view

     1.   AIR 1958 SC 845.
H    2.   (1967) 1 SCR 447.
   PRINCL. CHIEF CONSERVATOR OF FOREST &                             1157
   ANR. v. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

of the High Court in quashing the order of forfeiture of the                  A
seized items is contrary to the statutory provisions in the 1972
Act as amended by Act 16 of 2003.

     14. On the other hand, Mr. Jayant Kumar Mehta, learned
counsel for respondent nos. 1 to 3 stoutly supported the view
                                                                              8
of the High Court. He submitted that Section 54 did not
expressly empower the specified officer to order forfeiture of
property in the event of composition of the offence. He
submitted that the Statement of Objects and Reasons of Act
16 of 2003 cannot be acted upon in the absence of clear and
explicit provision for forfeiture of property in Section 54 of the            C
1972 Act. Learned counsel submitted that the submission of
the learned senior counsel for the appellants that regardless of
composition of offence, the property seized from a person
accused of commission of an offence against the 1972 Act
stands forfeited under Section 39, if accepted, would not only                D
result in anomaly but also lead to vesting of unguided, arbitrary
or unconstitutional power in the hands of the empowered officer.

       15. Mr. Jayant Kumar Mehta, learned counsel for
respondent nos. 1 to 3 argued that the plain language of                      E
Section 39 (1 )(d) does not give sanction to an officer
empowered under Section 54 of the 1972 Act to forfeit seized
items under the provisions of the Act on composition of offence.
He submitted that the expression used in Section 39 (1)(d) is,
"......... that has been used for committing an offence .. .. .. . .. .. ..   F
" and not, " ......... is suspected to have been used for
committing an offence .......... ".

     16. Learned counsel for respondent nos. 1 to 3 also
referred to Section 50, Section 51(2) and Section 53 of the
1972 Act and submitted that if the interpretation canvassed by                G
the learned senior counsel for the appellants is accepted, that
would render Section 50(4), Section 51 (2) and Section 53
superfluous. He argued that even in cases of casus omissus,
the court should not supply any words which are found to be
missing in the enactment. The Statement of Objects and                        H
          1158      SUPREME COURT REPORTS           [2011] 12 S.C.R.


     A Reasons cannot be read to supplement or supplant a statutory
       provision much less a source of power and in any event, the
       penal provisions in the 1972 Act are required to be construed
       strictly. He relied upon the Full Bench decision of the Madhya
       Pradesh High Court in the case of Madhukar Rao S!o Malik
     B Rao v. State of MP. and others3 and the judgment of this Court
       in State of Madhya Pradesh and Others v. Madhukar Rao 4
       affirming the Full Bench decision of Madhya Pradesh High
       Court. He also relied upon decisions of this Court in A. C.
       Sharma .v. Delhi Administration 5; State of Maharashtra v.
     C Marwanjee F. Desai and Others 6 ; Prakash Kumar alias
       Prakash Bhutto v. State of Gujarat7; Mohd. Shahabuddin v.
'.
       State of Bihar and others 8 and Mandvi Cooperative Bank
       Limited v. Nimesh B. Thakore 9•

     0
             17. Mr. R. Sundervardhan, learned senior counsel, in
       rejoinder, distinguished the decision of this Court in the case
       of Madhukar Rao4 • He submitted that the issue in Madhukar
       Rao4 and the issue raised in the present appeal are distinct
       and even on facts the case of Madhukar Rao 4 is
     E distinguishable. He submitted that Section 54 of the 1972 Act
       as amended by Act 16 of 2003 was not under consideration
       in Madhukar Rao 4•

            18. For a proper consideration of the question raised
       before us as noted above, it is necessary to read few relevant
     F sections of the 1972 Act prior to amendment by Act 16 of 2003
       and Section 54 after amendment with effect from April 1, 2003.

               19. The 1972 Act was enacted by the Parliament to
         3.   2000 (1) MPLJ 289.
     G   4.   (2008) 14 sec 624.
         5.   (1973) 1 sec 726.
         6.   (2002) 2 sec 318.
         7.   (2005) 2   sec 409.
         8.   c201 O) 4 sec 653.
     H   9.   c201 O) 3 sec 83.
   PRINCL. CHIEF CONSERVATOR OF FOREST &                     1159
   ANR. v.. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

provide for the protection of wild animals and birds and for         A
matters connected therewith or ancillary or incidental thereto.
The Act, inter alia, seeks to regulate hunting of wild animals and
birds; regulate possession, acquisition or transfer of, or trade
in, wild animals, animal articles and trophies and taxidermy
thereof and provide penalties for contravention of the Act.          B
Pertinently, the 1972 Act has been subjected to extensive
amendments from time to time. It has been amended by Act
23 of 1982, Act 28 of 1986, Act 44 of 1991, Act 26 of 1993
and Act 16 of 2003.

     20. The relevant portion of Section 39 in Chapter V, 'Trade     C
or Commerce in Wild animals, Animal articles and Trophies'
is as follows :

     "S. 39. Wild animals, etc., to be Government property.-
     (1) Every-:-                                                    D

            (a), (b), (c) xx xx xx

            (d) vehicle, vessel, weapon, trap or tool that has
            been used for committing an offence and has been
            seized under the provisions of this Act,                 E

    shall be the property of the State Government, and, where
    such animal is hunted in a sanctuary or National Park
    declared by the Central Government, such ~mi111_al or any
    animal article, trophy, uncured trophy or meat derived from      F
    such animal or any vehicle, vessel, weapon, trap or tool
    used in such hunting shall be the property of the Central
    Government.
            (2), (3) (a), (b), (c) xx xx xx"
                                                                     G
     21. Chapter VI deals with the prevention and detection of
offences. Section 50 after its amendment by Act 44 of 1991
and Act 16 of 2003 to the extent it is relevant, reads as follows:
    "S.50. Power of entry, search, arrest and detention.- (1)        H
    1160    SUPREME COURT REPORTS                         [2011] 12 S.C.R.


A      Notwithstanding anything contained in any other law for the
       time being in force, the Director or any other officer
       authorised by him in this behalf or the Chief Wild Life
       Warden or the authorised officer or any Forest Officer or
       any Police Officer not below the rank of a sub-inspector,
B      may, if he has reasonable grounds for believing that any
       person has committed an offence against this Act,-

             (a) require any such person to produce for inspection
       any captive animal, wild animal, animal article, meat,
       trophy, uncured trophy, specified plant or part or derivative
c      thereof in his control, custody or possession, or any
       licence, permit or other document granted to him or
       required to be kept by him under the provisions of this Act;

             (b) stop any vehicle or vessel in order to conduct
D      search or inquiry or enter upon and search any premises,
       land, vehicle or vessel, in the occupation of such person,
       and open and search any baggage or other things in his -
       possession;

              (c) seize any captive animal, wild animal, animal
E
       article, meat, trophy or uncured trophy, or any specified
       plant or part or derivative thereof, in respect of which an
       offence against this Act appears to have been committed,
       in the possession of any person together with any trap,
       tool, vehicle, vessel or weapon used for committing any
F
       such offence and, unless he is satisfied that such person
       will appear and answer any charge which may be preferred
       against him, arrest him without warrant, and detain him:

       (2) ..................................................................... .
G
       (3) It shall be lawful for any of the officers referred to in sub-
       section (1) to stop and detain any person, whom he sees
       doing any act for which a licence or permit is required
       under the provisions of this Act, for the purposes of
H      requiring such person to produce the licence or permit and
  PRINCL. CHIEF CONSERVATOR OF FOREST & 1161
  ANR. v. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

    if such person fails to produce the licence or permit, as A
    the case may be, he may be arrested without warrant,
    unless he furnishes his name and address, and otherwise
    satisfies the officer arresting him that he will duly answer
    any summons or other proceedings which may be taken
    against him.                                                 B

          (3A) Any officer of a rank not inferior to that of an
    Assistant Director of Wild Life Preservation or an Assistant
    Conservator of Forests, who, or whose subordihate, has
    seized any captive animal or wild animal under clause (c) C
    of sub-section (1) may give the same for custody ori the
    execution by any person of a bond for the production of
    such animal if and when so required, before the Magistrate
    having jurisdiction to try the offence on account of which
    the seizure has been made.
                                                                 D
          (4) Any person detained, or things seized under the
    foregoing power, shall forthwith be taken before a
    Magistrate to be dealt with according to law under
    intimation to the Chief Wild Life Warden or the officer
    authorized by him in this regard.                            E

    (5) to (9) xx x x xx.

     22. The penalties are provided in Section 51 of the 1972
Act. This Section too has undergone changes in 1986, 1991
and 2003. Section 51 has also been amended subsequently             F
by Act 39 of 2006 but that is not relevant for our purpose. Sub-
section (2) of Section 51 reads as under:
    "S. 51. Penalties.-
                                                                    G
          (1), (1A), (18) xx xx xx
         (2) When any person is convicted of an offence
    against this Act, the court trying the offence may order that
    any captive animal, wild animal, animal article, trophy,
    uncured trophy, meat, ivory imported into India or an article   H
    1162       SUPREME COURT REPORTS             [2011] 12 S.C.R.


A      made from such ivory, any specified plant, or part or
       derivative thereof in respect of which the offence has been
       committed, and any trap, tool, vehicle, vessel or weapon,
       used in the commission of the said offence be forfeited to
       the State Government and that any licence or permit, held
B      by such person under the provisions of this Act, be
       cancelled.

           (3), (4), (5) xx xx xx

      23. Section 54, prior to amendment by Act 16 of 2003,
C read as under :

             "S. 54. Power to compound offences.·-(1) The
       Central Government may, by notification, empower the
       Director of Wild Life Preservation or any other officer and
D      the State Government may, by notification, empower the
       Chief Wild Life Warden or any officer of a rank not inferior
       to that of a Deputy Conservator of Forests,-

             (a) to accept, from any person against whom a
       reasonable suspicion exists that he has committed an
E      offence against this Act, payment of a sum of money by
       way of composition of the offence which such person is
       suspected to have committed; and

             (b) when any property has been seized as liable to
F      be forfeited, to release the same on payment of the value
       thereof as estimated by such officer.

             (2) On payment of such sum of money or such value,
       or both, as the case may be, to such officer, the suspected
       person, if in custody, shall be discharged, and the property,
G      other than Government property, if any, seized, shall be
       released and no further proceedings in respect of the
       offence shall be taken against such person.

             (3) The officer compounding any offence may order
H      the cancellation of any licence or permit granted under this
  PRINCL. CHIEF CONSERVATOR OF FOREST & 1163
  ANR. v. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

    Act to the offender, or if not empowered to do so, may         A
    approach an officer so empowered, for the cancellation of
    such licence or permit.

          (4) The sum of money accepted or agreed to be
    accepted as composition under clause (b) of sub-section
                                                                   8
    (1) shall in no case, exceed the sum of two thousand
    rupees:

          Provided that no offence, for which a minimum
    period of imprisonment has been prescribed in sub-
  . section (1) of section 51, shall be compounded."               C

     24. After amendment by Act 16 of 2003, Section 54 reads
as follows:

    "S. 54. Power to compound offences.-(1) The Central
    Government may, by notification, empower the Director of D
    Wild Life Preservation or any other officer not below the
    rank of Assistant Director of Wild Life Preservation and ·
    in the case of a State Government in the similar manner,
    empower -the Chief Wild Life Warden or any officer of a
    rank not below the rank of a Deputy Conservator of Forests, E
    to accept from any person against whom a reasonable
    suspicion exists that he has committed an offence against
    this Act, payment of a sum of money by way of
    composition· of the offence which such person is
    suspected to have committed.                                F

          (2) On payment of such sum of money to such officer,
    the suspected person, if in custody, shall be discharged,
    and no further proceedings in respect of the offence shall
    be taken against such person.                                  G

          (3) The officer compounding any offence may order
    the cancellation of any licence or permit granted under this
    Act to the offender, or if not empowered to do so, may
    approach an officer so empowered, for the cancellation of
                                                                   H
    1164       SUPREME COURT REPORTS               [2011] 12 S.C.R.


A          such licence or permit.

                 (4) The sum of money accepted or agreed to be
           accepted as composition under sub-section (1) shall, in no
           case, exceed the sum of twenty-five thousand rupees:

B                Provided that no offence, for which a minimum
           period of imprisonment has been prescribed in section 51,
           shall be compounded."

           25. Chapter VI-A has been inserted in the 1972 Act by Act
c 16 of 2003. This chapter makes provisipn for forfeiture of
    property derived from illegal hunting and trade. The applicability
    of Chapter Vl:A is provided in Section 58 A. This Chapter is,
    accordingly, applicable to (a) every person who has been
    convicted of an offence punishable under the Act with
    imprisonment for a term of three years or more; (b) every
0
    associate of a person referred to in clause (a) and (c) any
    holder of any property which was at any time held by a person
    referred to in clause (a) or clause (b) unless the present holder
    or, as the case may be, anyone who held such property after
E   such person and before the present holder, is or was transferee
    in good faith for adequate consideration.

        26. The Statement of Objects and Reasons (Act 16 of
    2003) annexed with Wild Life (Protection) Amendment Bill,
    2002, in clause (xvi), proposed, "to provide that the vehicles,
F   weapons and tools, etc. used in committing compoundable
    offences are not to be returned to the offenders".

         27. In the backdrop of the above scheme of law, we have
    to consider the correctness of the view of the High Court and
G   the question of law raised in the appeal.

         28. One thing is clear that the statutory provisions noticed
    above do not in explicit terms provide for the forfeiture of the
    seized items by the departmental authorities from a person who
    is suspected to have committed offence/s against the 1972
H
  PRINCL. CHIEF CONSERVATOR OF FOREST &                     1165
  ANR. v. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

Act. Chapter VI-A which has been inserted in the 1972 Act by A
Act 16 of 2003 that provides for forfeiture of property derived
from illegal hunting and trade is entirely different provision and
has nothing to do with forfeiture of the property seized from a
person accused of commission of offence against the 1972
Act. Insofar as Section 39(1)(d) of the 1972 Act is concerned, B
it provides that every vehicle, vessel, weapon, trap or tool that
has been used for committing an offence and has been seized
under the provisions of the Act shall be the property of the state
government and in a certain situation, the property of the central
government. The key words in Clause (d) of Section 39(1) are, c
"..... has been used for committing an offence .... ".What is the
meaning of these words? The kind of absolute vesting of the
seized property in the state government, on mere suspicion of
an offence committed against the 1972 Act, could not have
been intended by the Parliament. It is not even scarcely 0
disputed that every enactment in the country must be in
conformity with our Constitution. In this view, it is not sufficient
- nor the law-makers intended to make it - to deprive a person
of the property seized under the 1972 Act on accusation that
such property has been used for committing an offence against E
the Act. Section 39( 1)(d) does not get attracted where the items,
suspected to have been used for committing an offence, are
seized under the provisions of the Act. It seems to us that it is
implicit in Section 39(1 )(d) that for this provision to come into
play there has to be a categorical finding by the competent
court of law about the use of seized items such as vehicle, F
weapon, etc. for commission of the offence. There is merit in
the submission of the learned counsel for the respondent nos.
1 to 3 that if the construction put upon Section 39(1)(d) by Mr.
R. Sundervardhan is accepted, the expression 'has been used
for committing an offence' occurring therein has to be read as, G
'is suspected to have been used for committing an offence'. In
our view, this cannot be done.
     29. Section 51(2) of the 1972 Act provides for forfeiture
of the property on conviction; it says, inter-alia, that when any   H
    1166      SUPREME COURT REPORTS                  [2011] 12 S.C.R.


A   person is convicted of an offence against the Act, the court
    trying the offence may order that any captive animal, wild animal,
    etc. in respect of which the offence has been committed and
    any vehicle, vessel or weapon etc. used in the commission of
    the said offence be forfeited to the state government.
B
           30. 'Forfeiture' and 'seizure' have different meaning and
     connotation in law. In 'The Law Lexicon' by P. Ramanatha Aiyer
     [2nd edition (Reprint 2000)], 'forfeiture' is defined as the
     divestiture of specific property without compensation in
     consequence of some default or act forbidden by law. The word
C    'forfeit' is defined in Concise Oxford English Dictionary (Tenth
     Edition): 'lose or be deprived of (property or a right or privilege)
     as a penalty for wrongdoing'. In R. S. Joshi etc. v. Ajit Mills Ltd
     & Anr. 10., this Court speaking through Krishna Iyer, J., with
     reference to expression 'forfeiture' occurring in Section 37 (1)
D   of the Bombay Sales Tax Act, said, "this word 'forfeiture' must
     bear the same meaning of a penalty for breach of a prohibitory
    direction". While construing the word 'forfeiture' with reference
     to Sections 431 and 432 of the Bengal Municipal Act (15 of
     1932), this Court stated in the case of The Chairman of the
E   Bankura Municipality v. Lalji Raja & sons 11 that unless the loss
    or deprivation of the goods is by way of a penalty or punishment
    for a crime, offence or breach of engagement, it would not come
    within the definition of forfeiture. However, in light of the
    provisions under consideration, the Court held that forfeiture of
F   property was not one of the penalties or punishments for any
    of the offences under that Act. 'Seizure' on the other hand is
    generally understood to mean a forcible taking possession. In
    law, seizure is the taking poss~ssion of property by an officer
    under legal process. Seizure of property under legal process
G   is a temporary measure. It is temporary interference with the
    right to hold the property. Seizure under legal process is usually
    followed by confiscation or forfeiture or disposal in accordance
    with the provisions under which seizure has been made or the
    10. AIR 1977 SC 2279.
H   11. AIR 1953 SC 248.
   PRINCL. CHIEF CONSERVATOR OF FOREST & 1167
   ANR. v.. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

property is returned to the person from whom it has been seized       A
or to the lawful claimant to such property. While Section 39(1 )(d)
provides that seized property under the 1972 Act used for
commission of the offence/s against the Act shall be the
property of the state government or the central government as
the case may be, the other provisions like Section 51(2) and          B
Chapter VI-A provide for forfeiture of the property in certain
situations. However, for the seized property used for
commission of offence to be the property of the state
government or the central government under Section 39(1)(d),
in our view, offence against the Act has to be legally                c
ascertained and adjudicated by a competent court of
jurisdiction.

      31. In Madhukar Rao 4 , albeit, the question was little
different but this Court considered the ambit and scope of
Section 39(1 )(d). That matter reached this Court from a Full D
Bench decision of the Madhya Pradesh High Court. The
question before the Full Bench was whether as a result of
deletion of sub-section (2) of Section 50 withdrawing power of
interim release, there existed any power with the authorities
under the 1972 Act or the Code to release the vehicle used in E
the course of alleged commission of offence under the Act. The
Full Bench of the -High Court held that any property including
vehicle seized on accusation or suspicion of commission of
offence under the 1972 Act can be released by the Magistrate
pending trial in accordance with Section 50(4) read with F
Section 451 of the Code. The Full Bench also held that mere
seizure of any property including vehicle on the charge of
commission of offence would not make the property to be of
the State Government under Section 39(1)(d) of the 1972 Act.
Against the decision of the Full Bench, the State of Madhya G
Pradesh preferred special leave petition in which leave was
granted. This Court extensively considered the statutory
provisions and approved the view of the Full Bench of the High
Court that deletion of sub-section (2) and its replacment by sub-
section (3)(A) in Section 50 of the 1972 Act had no effect on H
    1168     SUPREME COURT REPORTS                [2011] 12 S.C.R.


A the powers of the Court to release the seized vehicle during
  the pendency of trial under the provisions of the Code. While
  dealing with Section 39{1){d), this Court also approved the view
  of the Full Bench of the High Court that Section 39(1)(d) would
  come into play only after a court.of competent jurisdiction found
B that accusation and allegations made against the accused were
  true and recorded the finding that the seized article was, as a
  matter of fact, used in the commission of offence. This Court
  said:

        " .......... Any attempt to operationalise Section 39(1)(d)
c       of the Act merely on the basis of seizure and accusations/
        allegations levelled by the departmental authorities would
        bring it into conflict with the constitutional provisions and
        would render it unconstitutional and invalid .......... "
D        32. We are in complete agreement with the view of this
    Court in Madhukar Rao4 that on the basis of seizure and mere
    accusations/allegations, Sectio:1 39(1 )(d) of the 1972 Act
    cannot be allowed to operate and if it is so done, it would be
    hit by the constitutional provisions.
E
       33. Now, we have to see whether Section 54(2) of the 1972
  Act, after its amendment by Act 16 of 2003, empowers the
  specified officer to order forfeiture of the property, in respect
  of the offences against the Act suspected to have been
F committed by such person, on composition of such offence. In
  other words, whether in the absence of any specific provision
  in Section 54(2) that the property seized shall be released, the
  specified officer empowered to compound offences is
  authorized to order forfeiture of' the seized property and not
  return the property to the person from whom it has been seized.
G
       34. Mr. R. Sundervardhan, learned senior counsel for the
  appellants was right in contending that the composition of the
  offence under Section 54 of the 1972 Act is not during the
  course of trial or in the trial of a compoundable offence. He is
H also right in his submission that compounding under Section
  PRINCL. CHIEF CONSERVATOR OF FOREST &                     1169
  ANR. v. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

54 is a departmental compounding and does not amount to an A
acquittal. But then, what is the sequitar? What is the effect of
such departmental composition of offence under Section 54(1)
of the 1972 Act?

   35. The observations made by this Court in Biswabahan B
Das2 may be useful in order to understand the effect of
compounding offence/s. That was a case in which this Court
was concerned with the provision for composition of forest
offence under Assam Forest Regulation, 1891 - a provision
quite similar to Section 54 of the 1972 Act prior to amendment
by Act 16 of 2003. This Court said:                            C

     "......... It must be borne in mi rid that although the marginal
     note to s. 62 of the Assam Regulation is "power to
     compound offences" the word "compounding" is not used
     in sub-s. (1) clause (a) of that section. That provision only D
     empowers a forest officer to accept compensation for a
     forest offence from a person suspected of having
    ·committed it. The person so suspected can avoid being
     proceeded with for the offence by rendering compensation.
     He may think that he was being unjustly suspected of an E
     offence and he ought to defend himself or he may consider
     it prudent on his part to pay such compensation in order
     to avoid the harassment of a prosecution even when he is
     of the view that he had not committed the offence. By
     adopting the latter course he does not remove the F
     suspicion of having committed the offence unless he is to
     have such benefit conferred on him by some provision of
     law. In effect. the payment of compensation amounts to his
     acceptance of the truth of the charge against him. Sub-s.
     (2) of s. 62 only protects him with regard to further G
     proceedings, but has not the effect of clearing his character
     or vindicating his conduct."

     36. There may be myriad reasons, for a person, suspected
of commission of offence, to apply for composition of the
offence. What is important is not the reason for composition of H
    1170      SUPREME COURT REPORTS               [2011] 12 S.C.R.


A offence but the effect of composition. The effect of composition
  of offence has to be found in the statute itself. Section 54(2)
  provides that on payment of money to the empowered officer,
  the suspected person, if in custody, shall be discharged and
  no further proceedings in respect of the offence shall be taken
B against such person. In terms of sub-section (2) of Section 5~,
  therefore, on composition of the offence, the suspected person
  is saved from criminal prosecution, and from being subjected
  to further proceedings in respect of the offence.

        37. Section 54(2) of the 1972 Act, prior to the amendment
C by Act 16 of 2003, authorized the empowered officer, on
  payment of value of the property liable to be forfeited, to release
  the seized property, other tha_n the government property. The
  provision underwent changes w.e.f. April 1, 2003 and the
  provision for release of the seized property has been deleted.
D Does the provision in new Section 54(2) authorize the
  empowered officer to order forfeiture of the seized property to
  the state government? We think not. In the first place, by deletion
  of such expression, it cannot be said that the Parliament
  intended to confer power on the specified officer to order
E forfeiture of the seized property which is nothing but one form
  of penalty in the context of the 1972 Act. Had the Parliament
  intended to do so, it would have made an express provision in
  that regard. Such conferment of power of penalty upon the
  specified officer cannot be read by implication in Section 54(2).
F Secondly, any power of forfeiture conferred upon Executive
  authority merely on suspicion or accusation may amount to
  depriving a person of his property without authority of law. Such
  power cannot be readily read by relying on t~e Statement of
  Objects and Reasons (Act 16 of 2003) without any express
G provision in the statute.
         38. Way back in 1960, this Court in The Central Bank of
    India & Ors. v. Their Workmen, etc. 12 said that the Statement
    of Objects and Reasons is not admissible for construing the
H   12. AIR 1960 SC 12.
   PRINCL. CHIEF CONSERVATOR OF FOREST &                     1171
   ANR. v. J.K. JOHNSON & ORS. [R.M. LODHA, J.]

  section, far less can it control the actual words used. It has been A
. reiterated by this Court time and again that the reference to the
  Statement of Objects and Reasons is for understanding the
  enactment and the purpose is to ascertain the conditions
  prevailing at the time the Bill was introduced and the objects
  sought to be achieved by the proposed amendment; the B
  Statement of Objects and Reasons is not ordinarily used to
  determine the true meaning of the substantive provisions of the
  statute. As an aid to the construction of a statute, the Statement
  of Objects and Reasons appended to the Bill, ordinarily must
  be avoided.
                                                                     c
     39. It. is true that by Act 16 of 2003, the Parliament has
consciously deleted from Section 54 the provision concerning
release of seized property liable to be forfeited on payment of
value of such property but the plain language that is retained in
Section 54 (2) after amendment which reads, 'on payment of           D
such sum of money to such officer, the suspected person, if in
custody, shall be discharged and no further proceedings in
respect of the offence shall be taken against such person' does
not show that the Legislature intended to empower the specified
officer under Section 54 to forfeit the seized property used by      E
the suspected person in commission of offence against the Act.
There is no replacement of the deleted words by any express
provision. Section 54 substituted by Act 16 of 2003 does not
speak of seized property at all - neither its return nor its
forfeiture - while providing for composition of offence. The         F
property seized under Section 50(1)(c) and Section 50(3A) has
to be dealt with by the Magistrate according to law. This is
made clear by Section 50(4) which provides that things seized
shall be taken before a Magistrate to be dealt with according
to law. Section 54 substituted by Act 16 of 2003 does not            G
empower the specified officer to deal with the seized property.
In this view of the matter, we are unable to accept the
submission of the learned senior counsel for the appellants that
a comparative reading of pre-amended Section 54(2) and
Section 54 (2) as substituted by Act 16 of 2003 makes the
                                                                     H
   1172     SUPREME COURT REPORTS                 [2011] 12 S.C.R.


A legislative intent clear that seized articles shall be forfeited on
  composition of the offence under the 1972 Act. When the
  language of the statutory provision is plain and clear no external
  aid is required and the legislative intention has to be gathered
  from the language employed. In our view, neither Section 54(2)
B of the 1972 Act by itself nor Section 54(2) read with Section
  39(1 )(d) or any other provision of the 1972 Act empowers and
  authorizes the specified officer under Section 54, on
  composition of the offence, to deal with the seized property
  much less order forfeiture of the seized property used by the
c person suspected of commission of offence against the Act.
       40. In view of the above, the order passed by the
  Conservator of Forests, Nizamabad for forfeiture of the vehicle
  and two rifles to the state government is de hors the provisions
  of the 1972 Act and unsustainable. The High Court has rightly
D set aside such illegal order. However, the Single Judge was
  not right in his order dated March 29, 2005 in directing the
  respondents therein (present appellants) to release the vehicle
  and rifles. The Division Bench also erred in maintaining the
  above direction. Since the items were seized in exercise of the
E power under Section 50(1)( c), the seized property has to be
  dealt with by the Magistrate under Section 50(4) of the 1972
  Act. The respondent nos. 1 to 3 must accordingly apply to the
  concerned Magistrate for the return of seized items who
  obviously will consider such application according to law.
F      41. We hold, as we must, that a specified officer
  empowered under Section 54( 1) of the 1972 Act as substituted
  by Act 16 of 2003 to compound offences, has no power,
  competence or authority to order forfeiture of the seized items
  on composition of the offence by a person who is suspected
G to have committed offence against the Act. Our answer to the
  question framed at the outset is in the negative.
       42. The appeal is disposed of as indicated above with no
   order as to costs.
H D.G.                                        Appeal disposed of.