Holding

Once a confiscation proceeding is initiated under Section 59‑G of the Forest Act, the jurisdiction of criminal courts, including the High Court’s power under Section 482 CrPC, is excluded; the High Court may only intervene through judicial review.

Summary

The State seized a truck carrying forest produce without a transit permit and initiated confiscation proceedings under the West Bengal amendments to the Indian Forest Act, 1927. The District Judge set aside the confiscation order on the ground that the notice under Section 59‑B was invalid, directing the authorities to restart the process. The Calcutta High Court, invoking its inherent power under Section 482 of the CrPC, ordered the interim release of the truck. The State appealed, arguing that Section 59‑G of the Forest Act bars the jurisdiction of criminal courts, including the High Court, over confiscation proceedings. The Supreme Court held that once a confiscation proceeding is launched under Section 59‑G, the jurisdiction of criminal courts is excluded and the High Court cannot exercise Section 482, only judicial review is permissible. Consequently, the High Court’s order of interim release was beyond its jurisdiction. The appeals were allowed, setting aside the High Court’s order.

Issues considered

Whether the High Court can exercise its inherent power under Section 482 CrPC to intervene in a confiscation proceeding initiated under the Forest Act.
Whether Section 59‑G of the Indian Forest Act, 1927 bars the jurisdiction of criminal courts, including the High Court, over confiscation matters.
Whether the distinction between confiscation and forfeiture affects the High Court's power to release seized property.

Legislation cited

Code of Criminal Procedure, 1973s. Section 482
Constitution of Indias. Article 136, s. Article 226, s. Article 300-A, s. Article 48A, s. Article 51A(g)
Essential Commodities Act, 1955s. Section 6-C
Indian Forest Act, 1927s. Section 52, s. Section 55, s. Section 59-A, s. Section 59-B, s. Section 59-C, s. Section 59-D, s. Section 59-F, s. Section 59-G, s. Section 67, s. Section 68, s. Sections 50A-50G

Subjects

forest lawconfiscationSection 482 CrPCjurisdictionHigh CourtSection 59-Ginterim releasejudicial reviewecological balanceproperty rights

Judgment

A ST ATE OF WEST BENGAL AND ORS.
v.
SUJJT KUMAR RANA

JANUARY 20, 2004

B [DORAISWAMY RAJU AND S.B. SINHA, JJ.]

Criminal Procedure Code, 1973: Section 482.

Exercise of power under-Jurisdiction of Criminal Court barred under
C S. 59G of the Forest Act, 1927-However, High Court, exercising jurisdiction
under S. 482, in a confiscation proceeding under the Act, ordered interim
release of the vehicle-Correctness of-Held: Once a confiscation proceeding
was initiated under the act jurisdiction of the criminal court stood excluded-
Hence, High Court exceeded its jurisdiction under S. 482-However, High
D Court could exercise such a power only in exercise of its power ofjudicial
review.

Exercise ofpower under-Held: High Court could exercise power under
S. 482 in relation to a molter pending before a "court"-Such a "court" in
the context of Cr.P.C. would mean a "criminal court" or whence the power
E was exercised by the court under Cr.P.C.
Forest Act, 1927:

Ss. 50A to 59G (inserted by lhe State amendment)-Sei:rnre and
confiscation-Object of provisions-Held: To preserve the forests so as to
F maintain ecological balance-Such provisions should be liberally construed-
Since illegal seizure amounted to deprivation ofproperty and the owner thereof ~
was deprived of the right ofproperty, therefore, the rights of the parties must
be de/icate~y balanced-Constitution of India, 1950, Arts. 48A, 51-A{g) and
300.

G Section 59-A--Confiscation of vehicle-Used lo carry fores/ produce
wilhout valid transil permission-Scope and ambit of-Held: ls discrelionary-
However, sufficient safeguards existed againsl arbitrary exercise of power-
ls neither a penalty nor a punishment.

H 870
ST ATE OF WEST BENGAL v. SU.IIT KUMAR RANA 871

Section 59-8-Confiscation proceedings-Commencement of-Held: A
Commenced after issue of notice under S. 59-G.

Section 59-0(2)-0rder of confiscation-Appeal against-Held: Only
an order of the appellate court became final and binding-But such an order
would not preclude the aggrieved person from moving the High Court in
judicial review-Constitlllion of India, 1950, Art. 226. B
Section 59-8-/ssue of notice-Appellate court set aside confiscation
proceedings on the ground that notice was invalid-However, the appel/a/e
court directed the authorities to decide /he mailer afresh in accordance with
law-Correctness of-Held: Valid proceeding for confiscation of lhe vehicle
could be initiated only upon issuance of a proper notice-Whereafter an order C
of confiscation could be passed in accordance with law.

The respondent's truck carrying forest produce without transit
permit was confiscated and seized. The District Judge quashed the order
of confiscation on the ground that the notice issued to the respondent under D
Section 59-B (as inserted by the State amendment) of the Forest Act, 1927
was invalid. The High Court allowed the writ petition filed by the
respondent under Section 482 of the Code of Criminal Procedure, 1973
and ordered interim release of the respondent's truck. Hence the appeals.
On behalf of the appellant, it was contended that the High Court had no
jurisdiction to exercise an application under Section 482 Cr.P.C. in view E
of Section 59-G (as inserted by the State amendment) which excluded the
jurisdiction of the High Court in respect of proceedings initiated under
the Act.

Allowing the appeals, the Court
F
HELD: 1.1. The State legislature has inserted Sections 50-A to 50-G
in the Forest Act, 1927 with a laudable object. Forest is a national wealth,
which is required to be preserved. In most of the cases, the State is the
owner of the forests and forest produce. Depletion of forests would lead
to ecological imbalance. It is now well-settled that the State is enjoined G
with a duty to preserve th'e forests so as to maintain ecological balance
and, thus, with a view to achieve the said object forests must be given due
protection. Statutes, which provide for protection of forests to maintain
ecological balance, should receive liberal construction at the hands of the
superior courts. Interpretive exercise of such power should be in
consonance with the provisions of such statutes not only having regard to H
872 SUPREME COURT REPORTS [2004] 1 S.C.R.

A the principle of purposive construction so as to give effect to the aim and
ob,iect of the legislature; keeping the principles contained in Article 48-A
and 51-A(g) of the Constitution of India in mind. The provisions for
confiscatfon have been made as a deterrent object so that felling of trees
and deforestation is not made. 1881-B-Ci

B Indian Handicrafts Emporium v. Union of India, 12003] 7 SCC 589;
Bairam Kumawat v. Union of India, 120031 7 SCC 628 and State of Bihar v.
Kedar Sao, 12003) 6 SCALE 639, relied on.

1.2. This Court, however, is not oblivious of the fact that whereas
the courts must give purposive construction to the provisions of such
C statutes which have been framed in public interest keeping in view the
object thereof, but it must also be borne in mind that illegal seizure
amounts to deprivation of property and by reason of an order of
confiscation, the owner thereof is deprived of his right of property as
contained in Article 300-A of the Constitution of India. The rights of the
D parties are, therefore, required to be delicately balanced. [882-FJ

2. 1. An order of confiscation of forest produce in a proceeding under
Section 58-A of the Act would not amount to either penalty or punishment.
Such an order, however can be passed only in the event a valid seizure is
made and the authorized officer satisfies himself as regard ownership of
E the forest produce in the Sate as also commission of a forest offence. An
order of confiscation is not to be passed automatically, and in terms of
Section 59-A(3) a discretionary power has been conferred upon the
authorized officer in relation to a vehicle. Sufficient safeguards both
substantive and procedural have, thus, been made against an arbitrary
F exercise of power. (882-G-H; 883-A-Ci

2.2. Against an order of confiscation, an appeal is provided and only
an order of the appellate court, who is a judicial officer, becomes final
and binding but attaching finality to an order of the appellate court would
. not preclude a person aggrieved to move the High Court in judicial review.
G f883-Ci

3. 1. The authorized officer under the Act before passing a final
order in terms of Section 59-A(3) of the Act is required to issue notice
and give opportunity of hearing to the parties concerned. Unless such a
notice is issued, the confiscation proceeding cannot be said to have started.
H (883-G-HI
STA TE OF WEST BENGAL v. SU.HT KUMAR RANA 873
3.2. The District Judge while setting aside the order of confiscation A
on the ground of invalid notice had directed the authorities to decide the
matter afresh in law. Therefore, a valid proceeding for confiscation of the
vehicle can be initiated only upon issuance of a proper notice and
whereafter an order of confiscation can be passed in accordance with law.
1889-F-G] B

4.1. An order of confiscation in respect of a property must be
distinguished from an order of forfeiture thereof. Although the effect of
both confiscation and forfeiture of a property may be the same, namely
that the property would vest in the State but the nature of such an order
having regard to the statutory scheme must be held to be different. A C
proceeding for confiscation can be initiated irrespective of the fact as to
whether prosecution for commission of a forest offence has been lodged
or not. A confiscation proceeding, therefore; is independent of a criminal
proceeding. 1886-B, Cl

4.2. A confiscation envisages a civil liability whe.reas an order of D
forfeiture of the forest produce must be preceded by a judgment of
conviction. 1889-D]

5.1. Once a confiscation proceeding is initiated in terms of Section
59-G of the Act, the jurisdiction of the criminal court in this behalf stands
excluded. The criminal court although indisputably has the jurisdiction E
to deal with the property which is the subject-matter of offence in terms
of the provisions of the Code of Criminal Procedure, 1973 but once a
confiscation proceeding is initiated, the said power cannot be exercised
by the Magistrate. 1883-H; 884-A]

5.2. The High Court, exceeded its jurisdiction in releasing the vehicle F
in exercise of its jurisdiction under Section 482 of the Code of Criminal
Procedure. 1890-B]

Divisional Forest Officer v. G. V Sudhakar Rao, 11985] 4 SCC 573;
State of West Bengal v. Gopal Sarkar, 1200211 SCC 495; State of Karnataka G
v. K.A. Kunchindammed, 120021 9 SCC 90; Section Forester v. Mansur Ali
Khan, JT (2003) 1.0 SC 390; Shambhu Dayal Agarwala v. State of West
"'- Bengal, 119901 3 SCC 549 and Deputy Commissioner, Dakshina Kannada
District v. Rudolph Fernandes, 120001 3 SCC 306, relied on.

Mohd Yaseen v. Forest Range Officer, (1980) 1 ALT 8 and State of H
I·

874 SUPREME COURT REPORTS (2004) I S.C.R.

A Karnataka v. K. Krishnan, JT (2000) 9 SC 356, referred' to.
5.3. From a perusal of Section 482 Cr.P.C., it would be evident that
the inherent power of the High Court is saved only in a case where an
order has been passed by the criminal court which is required to be set
aside to sc!cure the ends of justice or where the proceeding pending before
B a court amounts to abuse of the process of court. It is, therefore, evident
that the power under Section 482 of the Code can be exercised by the High
Court in relation to a matter pending before a court; which in the context
of the Code of Criminal Procedure would mean 'a criminal court' or ...
whence a power is exercised by the court under the Code of Criminal
C Procedure. Once it is held that the criminal court had no power to deal
with the property seized under the Act, the question of the High Court's
exercising its jurisdiction under Section 482 of the Code of Criminal
Procedure would not arise. 1884-D-EI

6. Once a confiscation proceeding is initiated the jurisdiction of the
D criminal court in terms of Section 59-G of the Act being barred, the High
Court also cannot exercise its jurisdiction under Section 482 of the Code
of Criminal Procedure for interim release of the property. The High Court
can exercise such a power only in exercise of its power of judicial review.
1889-H; 890-AI

E CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
453 of 1997.

From the Judgment and Order dated 27.6.1996 of the Calcutta High
Court in Crl. R.C. No. 2568 of 1996.

F WITH

Crl. A. Nos. 454 to 459 of 1997.

T.C. Ray, Shiv Gupta, H.K. Puri and Uijwal Banerjee for the Appellants.

G Sanjoy Kr. Ghosh for D.P. Mukherjee for the Respondents in Crl. A.
Nos. 453, 457-58/97.

Uday Umesh Lalit, Satyajit Saha, Dr. Ashok K. Banerjee and Mrs.
V.D. Khanna for the Respondent in Crl. A. Nos. 454-456 and 459/97.

H The Judgment of the Court was delivered by
STATE OF WEST BENGAL v. SUJIT KUMAR RANA [S.B. SINHA, J.] 875

S.B. SINHA, J. INTRODUCTION : A
Applicability of Section 482 of the Code of Criminal Procedure, 1973
for quashing a proceeding for confiscation of forest-produce etc. under the
provisions of Indian Forest Act, 1927 (hereinafter referred to as 'the Act') as
amended by the State of West Bengal. is in question in these appeals which
arise out of a common judgment and order dated 27 .6.1996 passed by the B
Calcutta High Court.

BACKGROUND FACT

Shortly stated ,the fact of the matter is that the forest-produce belonging
to the State and/or the vehicles carrying the same were seized by the Forest C
Officer. The report of such seizure was made to the authorized officer.

Except Criminal Appeal No.453 of 1997-State of West Bengal and
Ors. v. Sujit Kumar Rana, show cause notices issued by the forest authority
purported to be issued under the provision of Section 59-B of the Act, as D
amended by the State of West Bengal or the seizure of the forest-produce or
the vehicles carrying the same, came to be questioned by the respondents
before the Calcutta High Court invoking its jurisdiction under Section 482 of
the Code of Criminal Procedure. In Sujit Kumar Rana's case, however, an
order of confiscation was passed by the authorized officer.
E
The factual matrix, for appreciating the points involved herein is being
noticed frcim Criminal Appeal No. 453 of 1997 :

The truck of the respondent carrying forest-produce and said to be
without transit permit was detained and seized. Upon a report of the said
seizure, show cause notice was issued to the respondent by the authorized F
officer as to why vehicle shall not be confiscated. The owner of the truck
replied to the said notice, praying for release of the same.

A writ petition was filed by the respond~nt herein under Article 226 of
the Constitution of India before the High Court of Calcutta which was disposed
of on or about 15.09.1995 by it directing the Divisional Forest Officer to G
complete the confiscation proceedings expeditiously and preferably within a
period of five weeks from the said date. On or about 5.1.1996, the High
Court of Calcutta passed an ex parte order directing that custody of the truck
be given to the owner on his executing a bond to the satisfaction of the
Divisional Forest Officer; with a further direction that the same would not be H
876 SUPREME COURT REPORTS [2004] I S.C.R.

A taken out of the territorial limit of the State of West Bengal. The Divisional
Forest Officer filed an application for vacating the said order of the High
Court, which was rejected by the High Court.

Before the High Court, a preliminary question as regard maintainability
of an application under Section 482 of the Code of Criminal Procedure was
B raised. By reason of the impugned judgment the said contention was negatived.

SUBMISSION :

Mr. T.C. Ray, learned senior counsel appearing on behalf of the State ...
of West Bengal, inter a/ia, would contend that having regard to the fact that
C the proceeding for confiscation of forest-produce and/or vehicles carrying the
same is not initiated under the provisions of the Code of Criminal Procedure,
the applications filed by the respondent herein purported to be under Section
482 of the Code of Criminal was not maintainable. The learned counsel
would submit that the High Court committed a manifest error in placing
D reliance upon the Division Bench judgments of the said Court, ignoring the
binding decision of this Court in Divisional Forest Officer and Another v.
G. V. Sudhakar Rao and Ors., [ 1985] 4 SCC 573 which has been brought to
its notice and wherein it has been clearly held that the High Court had no
jurisdiction to release the vehicles when a confiscation proceeding is pending
before the designated authority in exercise of its power under Section 482 of
E the Code of Criminal Procedure.
Mr. Ray would urge that keeping in view the fact that admittedly the
decision of this Court in Sudhakar Rao (supra) was not brought to the notice
of the Division Bench of the Calcutta High Court when the earlier decision,
which the learned Single Judge preferred to follow was decided, the learned
F Judge misdirected himself in ignoring the binding precedent of this Court.

The learned counsel would contend that in terms of the amendments
made by the State of West Bengal in the Forest Act whereby and whereunder
Sections 50-A to 59-G were inserted, a complete Code was laid down not
G only as regard initiation of proceeding but also for confiscation and appeal
against an order of confiscation as also ouster jurisdiction of the court. Mr.
Ray would argue that a criminal trial before a Magistrate in relation to an
offence made under the provisions of the Act stands on a different footing ....-
than a proceeding for confiscation before the authorized officer..

H Mr. U.U. La lit, learned counsel appearing on behalf of the respondents
STA TE OF WEST BENGAL v. SUJIT KUMAR RANA [S.B. SINHA, J.) 877

in Cri'minal Appeal No.459 of 1997 and Mr. Sanjoy Kr. Ghosh, learned A
counsel appearing on behalf of the respondents in Criminal Appeal No.453,
457 and 458 of 1997 would contend that in the facts and circumstances
obtaining in these cases, this Court should not exercise its discretionary
jurisdiction under Article 136 of the Constitution of India. The learned counsel
would contend that it may be true that the High Court should not interfere
with the proceeding for confiscation when merely a show cause notice was B
issued but having regard to the fact that subsequently a criminal court arrived
at a finding that no forest offence has been made out, it would be futile to
remit the matter back to the authorized Officer.

Mr. Ghosh would also submit that in Criminal Appeal No.453of1997, C
the appellate court has arrived at a finding that the notice issued by the
authorized officer was wholly illegal and bad in law and in that view of the
matter there does not exist any order of confiscation at present.

STATUTORY PROVISIONS:
D
Section 2(3) of the Act reads thus :

"(3)"forest-offence" means an offence punishable under this Act or
under any rule made thereunder;"
Sub-Section (2) of Section 52 of the Act provides as under :
E
"Every officer seizing any property under this section shall place on
such property a mark indicating that the same has been so seized, and
shall, as soon as may be, make a report of such seizure to the
Magistrate having jurisdiction to try the offence on account of which
the seizure has been made:
F
Provided that, when the forest-produce with respect to which
such offence is believed to have been committed is the property of
Government, and the offender is unknown, it shall be sufficient if the
officer makes, as soon as may be, a report of the circumstances to his
official superior."
G
Sub-section (2) of Section 52 of the Act has been amended by the State
of West Bengal in terms whereof the proviso thereto has been amended in the
following terms :

"Provided that it will not be necessary to make a report of such
seizure to the Magistrate in the following cases, namely :- H
878 SUPREME COURT REPORTS [2004] I S.C.R.

A (i) when the forest-produce with respect to which each offence is
believed to have been committed is the property of the State
Government and the offender is unknown, it shall be sufficient to
make a report of the circumstances to the official superior;
(ii) when the offence falls under the purview of Section 59-A;
B (iii) when the offender agrees in writing to get the offence
compounded;''

Section 55 of the Act reads as under :

"Forest-produce, tools, etc., when liable to confiscation.-(!) All
C timber or forest-produce which is not the property of Government
and in respect of which a forest-offence has been committed, and all
tools, boats, carts and cattle used in committing any forest-offence,
shall be liable to confiscation.

(2) Such confiscation may be in addition to any other punishment
D prescribed for such offence."

The State of West Bengal inserted Sections 59-A to 59-G in the Principal
Act. Sub-section (I) of Section 59-A reads thus :

"59-A. Confiscation by Forest Officer of forest produce in the case
E of forest offence believed to have been committed. - (I)
Notwithstanding anything contained in the foregoing provisions of
this Chapter or in any other law for the time being in force, where a
forest offence is believed to have been committed in respect of the
timber or other forest produce which is the property of the State
Government, the Forest Officer or the Police Officer seizing the timber
F or other forest produce under sub-section (I) of Section 52, shall,
without any unreasonable delay, produce the same, together with all
tools, ropes, chains, boats, vehicles and cattle used in committing the
offence, before an officer of a rank not inferior to that of an Assistant
Conservator of Forests, authorized by· the State Government in this
G behalf by notification in the official Gazette (hereinafter referred to
as the authorized officer)."

Sub-section (3) of Section 59-A provides that if the authorized officer
is satisfied that a forest offence has been committed irrespective of the fact
whether a prosecution has been instituted for the commission of such offence
H or not, he may direct confiscation of the property together with all tools,
STATE OF WEST BENGAL v. SUJIT KUMAR RANA [S.B. SINHA. J.] 879

ropes, chains, boats, vehicles and cattle used in committing the offence. Sub· A
section 4 (a) of Section 59-A empowers the authorized officer to sell such
confiscated property or any part thereof by public auction. Clause (b) of sub·
section (4) of Section 59-A, however, provides for refund of the amount
fixed in the auction in the event, the order of confiscation of such property
or tools etc. is set aside or annulled under Section 59-C or Section 59-D
thereof. B

Section 59-B postulates issue of notice to the owner of the property
which is sought to be confiscated. The proviso appended thereto provides
that no order of confiscation shall be made except after giving a notice in
writing to the registered owner thereof, if in the opinion of the authorized C
officer, it is practicable to do so and considering his objections, if any. Sub-
section (2) of Section 59-B provides that in the event a person against whom
an order of confiscation has been initiated proves to the satisfaction of the
authorized officer that too I, rope or vehicle etc. was used in carrying the
timber or other forest-produce without the knowledge or connivance of the
owner himself or his agent, if any, or the person in charge thereof and that D
each of them had taken all reasonable and necessary precautions against such
use, no order confiscating the same shall be made. Section 59-C provides for
a revision. Section 59-D provides for an appeal against such order to the
District Judge having jurisdiction over the area in which the property and the
tools etc. have been seized against an order of confiscation. The District E
Judge after giving the appellant and the officer who passed the order an
opportunity of being heard, may pass an order confirming, modifying or
annulling the order appeal against. Sub-section (2) of Section 59-D attaches
finality to the order passed by the District Judge and further provides that the
same shall not be called in· question in any court. Section 59-F provides that
the confiscated property and proceeds of sale shall vest in the Government. F
Section 59-G of the Act creates a bar on the jurisdiction of court in certain
cases, which is in the following terms :

"59-G. Bar of jurisdiction in certain cases.· Notwithstanding anything
· to the contrary contained in this Act or in the Code of Criminal
Procedure, 1973 (2 of 1974) or in any other law for the time being G
in force, the officer authorized under Section 59-A or the Forest
officer spedally empowered under Section 59-C or the District Judge
to whom an appeal may be preferred under Section 59-D shall have
and any other officer or Forest Officer or court, tribunal or authority
shall not have jurisdiction to make orders with regard to the custody, H
880 SUPREME COURT REPORTS [2004] I S.C.R.

A possess"ion, delivery, disposal or distribution of any property or tools,
ropes, chains, boats, vehicles or cattle seized under Section 52"

Sections 67 and 68 read as under :-

"67. Power to try offences summarily. - The District Magistrate or
B any Magistrate of the first class specially empowered in this behalf
by the State Government may try summarily, under the Code of
Criminal Procedure, 1898 (5 of 1898), any forest-offence punishable
with imprisonment for a term not exceeding six months, or fine not
exceeding five hundred rupees, or both.

C 68. Power to compound offences.-( I) The State Government may, by
notification in the Official Gazette, empower a Forest Officer -

(a) to accept from any person against whom a reasonable suspicion
exists that he has committed any forest-offence, other than an offence
specified in Section 62 or Section 63, a sum of money by way of
D compensation for the offence which such person is suspected to have
committed, and

(b) when any property has been sized as liable to confiscation, to
release the same on payment of the value thereof as estimated by
such officer.
E (2) On the 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, the property, if any, seized shall be released, and
no further proceedings shall be taken against such person or property.

(3) A Forest Officer shall not be empowered under this section unless
F
he is a Forest Officer of a rank not inferior to that of a Ranger and
is in receipt of a monthly salary amounting to at least one hundred
rupees, and the sum of money accepted as compensation under clause
(a) of sub-section (I) shall in no case exceed the sum of fifty rupees."

G ANALYSIS:

The provisions of law referred to hereinbefore lea.ve no manner of
doubt that upon seizure of forest produce, timber or vehicles etc. the concerned
authority has an option to report the factum of such seizure both to the
concerned Magistrate as also the authorized officer, save and except in the
H cases which would fall within the purview of the proviso appended to sub-
STATE OF WEST BENGAL v. SUJITKUMAR RANA [S.B. SINHA, J.] 881

section (2) of Section 52 of the Act, as aniended by the State of West Bengal. A
The report in relation to such seizure is required to be made either for : (I)
confiscation of the seized property; (2) prosecution of the offender; or (3) for
both.

The legislature has inserted the aforementioned prov1s1ons with a
laudable object. Forest is a national wealth which is required to be preserved. B
In most of the cases, the State is the owner of the forests and forest-produce.
Depletion of forests wou Id lead to ecological imbalance. It is now well-
. settled that the State is enjoined with a duty to preserve the forests so as to
maintain ecological balance and, thus, with a view to achieve the said object
forests must be given due protection. Statutes which provide for protection C
of forests to maintain ecological balance should receive liberal construction
at the hands of the superior courts. Interpretive exercise of such power should
be in consoi1ance with the provisions of such statutes not only havirig regard
to the principle of purposive construction so as to give effect to the aim and
object of the legislature; keeping the principles contained in Article 48-A and
51-A(g) of the Constitution of India in mind. The provisions for confiscation D
have been made as a deterrent object so that felling of trees and deforestation
is not made .
..
In Indian Handicrafts Emporium and Ors. v. Union of India and Ors.,
[2003] 7 SCC 589, this Court was dealing with a situation where initially
'ivory' was legally imported, but the trade or possession thereof became E
subsequently barred by amendment made in the Wild Life (Protection) Act
except for bona fide personal use. By reason of the provisions of the said
Act, however, such imported ivory did not vest in the Government. This
Court despite aforementioned situation applying the rule of purposive
construction so as to give effect to the intent and purport of the statute held: F
"A trader in ternis of a statute is prohibited from carrying on trade.
He also cannot remain in control over the animal article. The logical
consequence wherefor would be that he must be deprived of the
possession thereof. The possession of the animal article including
imported ivory must, therefore, be handed over to the competent G
authority. In a case of this nature where a statute has been enacted in
public interest, restriction in the matter of possession of the property
must be held to be implicit. If Section 49(7) is not so construed, it
cannot be given effect to.

We, therefore, are of the opinion that the appellants have no right H
r·

882 SUPREME COURT REPORTS (2004] I S.C.R.

A to possess the articles in question. Keeping in view of the fact that the
provisions of the statute have been held to be intra vires the question
of compensating the appellants would not arise as vesting of possession
thereof in the State must be inferred by necessary implication."

In Bairam Kumawat v. Union of India and Ors., (2003] 7 SCC 628,
B this Court applied the dictionary meaning to the term 'ivory' to hold that
even 'mammoth ivory' will come within the purview thereof holding that the
'rule of strict construction' of a regulatory/penal statute may not be adhered
to, if thereby the plain intention of the Parliament to combat crimes of special
nature wou Id be defeated.

c Recently, a Division Bench of this Court (of which one of us Raju, J.
is a member) in The State of Bihar and Anr. v. Kedar Sao and Anr., (2003]
6 SCALE 639) observed that the provision of seizure and its procedure for
the property liable for confiscation as contained in Section 52 of the Indian
Forest Act as amended by Bihar Amendment Act No.9 of 1990 were made
D having regard to the fact that not only the commission of forest offences are
on the increase but rampant acts involving large scale pilferage and depletion
of forest wealth not only causing serious onslaught on the nature and
environment causing ecological imbalance and irreparable loss and damage
to public property, were taking place and the States, therefore, had to take
such drastic legislative measures with a view to prevent commission of such
E offences.
This Court, however, is not oblivious of the fact that whereas the courts
must give purposive construction to the provisions of such statutes which
have been framed in public interest keeping in view the object thereof, but
F it must also be borne in 'Ill ind that illegal seizure amounts to deprivation of
property and by reason of an order of confiscation, the owner thereof is
deprived of his right of property as contained in Article 300-A of the
Constitution of India. The rights of the parties are, therefore, required to be
delicately balanced.

G An order of confiscation of forest-produce in a proceeding under Section
59-A of the Act would not amount either to penalty or punishment. Such an
order, however, can be passed only in the event a valid seizure is made and
the authorized officer satisfies himself as regard ownership of the forest-
produce in the State as also commission of a forest-offence. An order of
confiscation is not to be passed automatically, and in terms of sub-section (3)
H of Section 59-A a discretionary power has been conferred upon the authorized
STATE OF WEST BENGAL v. SUJIT KUMAR RANA (S.B. SINHA, J.] 883

officer in relation to a veHicle. Apart from the ingredients which are required A
" to be proved in terms of sub-section (3) of Section 59-A by reason of the
proviso appended to Section 59-B, a notice is also required to be issued to
"" the owner of the vehicle and furthermore in terms of sub-section (2) thereof
an opportunity has to be granted to the owner of the vehicle so as to enable
him to show that the same has been used in carrying forest- produce without
his knowledge or connivance and by necessary implication precautions therefor B
has been taken.

Against an order of confiscation, an appeal is provided and only an
order of the appellate court, who is a judicial officer becomes final and
binding but attaching finality to an order of the appellate court would not
preclude a person aggrieved to move the High Court in judicial review.
c
Sufficient safeguards both substantive and procedural have, thus, been
made against an arbitrary exercise of power.

The question as regard the power of the High Court to release a vehicle D
in exercise of its power under Section 482 of the Code of Criminal Procedure
is required to be considered having regard to the aforementioned aspects in
view.

Authorized officers under the Act have been granted a wide discretion
as regard choosing any of the three courses of action but exercise thereof E
would have a direct bearing to the nature of offence. The provisions of the
Indian Forest Act and the amendments carried out in the provisions thereof
by the State of West Bengal, as noticed hereinbefore, point out to the said
discretionary power conferred upon the concerned authorities in this behalf.
Only in a case where the forest authorities intend to proceed against an
F
offender both for confiscation of the property as also for his prosecution;
v
except in the cases which are covered by the proviso appended to sub-section
(2) of Section 52 of the Act, report of seizure is required to be made both to
the Magistrate as also to the authorised officer.

The said authority before passing a final order in tenns of Section 59- G
A (3) of the Act is required to issue notice and give opportunity of hearing
to the parties concerned. Unless such a notice is issued, the confiscation
t proceeding cannot be said to have started. Once, however, a confiscation
proceeding is initiated; in terms of Section 59-G of the Act, the jurisdiction
of the criminal court in this behalf stands excluded. The criminal court although
H
884 SUPREME COURT REPORTS [2004) I S.C.R.

A indisputably has the jurisdiction to deal with the property which is the subject-
matter of offence in terms of the provisions of the Code of Criminal Procedure
but once a confiscation proceeding is initiated, the said power cannot be
exercised by the Magistrate.

B The High Court cannot, thus, in such a situation exercise its jurisdiction
under Section 482 of the Code of Criminal Procedure. The said provisions
reads thus :

"482. Saving of inherent power of High Court. - Nothing in this
Code shall be deemed to limit or affect the inherent powers of the
c High Court to make such orders as may be necessary to give effect
to any order this Code, or to prevent abuse of the process of any
Court or otherwise to secure the ends of justice."

From a bare perusal of the aforementioned provision, it would be evident
that the inherent power of the High Court is saved only in a case where an
D order has been passed by the criminal court which is required to be set aside
to secure the ends of justice or where the proceeding pending before a court
amounts to abuse .of the process of court. It is, therefore, evident that power
under Section 482 of the Code c~n be exercised by the High Court in relation
to a matter pending before a court; which in the context of Code of Criminal
E Procedure would mean 'a criminal court' or whence a power is exercised by
the court under the Code of Criminal procedure. Once it is held that the
criminal court had no power to deal with the property seized under the Act,
the question of the High Court's exercising its jurisdiction under Section 482
of the Code of Criminal Procedure would not arise.

p The amendments carried out by the State of West Bengal by reason of
Sections 59-A to 59-G in the Indian Forests Act provide for a complete Code.
The validity or otherwise of the said provisions is not in question before us.
An order of confiscation in respect of a property must be distinguished from
an order of forfeiture thereof. Although the effect of both confiscation and
forfeiture of a property may be the same, namely that the property would vest
G in the State but the nature of such order having regard to the statutory scheme
must be held to be different. A proceeding for confiscation can be initiated
irrespective of the fact that as to whether prosecution for commission of a
forest offence has been lodged or not. A confiscation proceeding, therefore, f
is independent of a criminal proceeding. We may also notice that the State
H has been made liable to refund the amount which has been deposited pursuant
STATE OF WEST BENGAL v. SUJIT KUMAR RANA [S.B. SINHA, .I.] 885

to an auction held in respect of the confiscated property only in the event the 'A
order of confiscation is set aside or annulled under Section 59-A(4)(b) thereof.
No provision has been made in the statute unlike Section 6-C of the Essential
Commodities Act, 1955 to the effect that the confiscated property or the
amount deposited in the treasury pursuant to the auction of the confiscated
goods would be returned to the owner thereof in the event, the criminal trial B
ends in an acquittal.

This Court, in this case, is not concerned with the effect of acquittal
vis-a-vis a confiscation proceeding. There may be a case where a judgment
of acquittal has been rendered not on merit of the matter but by way of
giving benefit of doubt or for certain reasons unrelated to the adjudication on C
merits as for example dropping of the proceeding as the prosecution witnesses
did not turn up despite service of summons.

This court in Sudhakar Rao (supra), we may note, however, approved
the decision ofa Division Bench of the Andhra Pradesh High Court in Mohd.
Yaseen v. Forest Range Officer, Flying Squad, Rayachoti, (1980) I ALT 8 D
stating :

"14. We find that a later Division Bench consisting of Kondaiah, C.J.
and Punnayya, J. in Mohd. Yaseen v. Forest Range Officer, Flying
Squad, Rayachoti, {1980) I Andh LT 8 approved of the view expressed
by Jeewan Reddy, J. in f'.K. Mohammad's case, (supra), and held that E
the Act contemplates two procedures, one for confiscation of goods
forming the subject-matter of the offence by the Authorized Officer
under sub-s. (2A) of S. 44 of the Act, and the other for trial of the
person accused of the offence so committed under S. 20 or 29 of the
Act. The learned Judges held that the Act provides for a special F
machinery for confiscation of illicitly felled timber or forest produce
by the Authorized Officer under sub-s. (2A) of S. 44 enacted in the
general public interest to suppress the mischief of ruthless exploitation
of Government forests by illicit felling and removal of teak and other
valuable forest produce. They further held that merely because there
was an acquittal of the accused in the trial before the Magistrate due G
to paucity of evidence or otherwise did not necessarily entail in
nullifying the order of confiscation of the seized timber or forest
produce by the Authorized Officer under sub-s. (2A) of S. 44 of the
Act based on his satisfaction that a forest offence had been committed
in respect thereof. We affirm the view expressed by Jeewan Reddy, H
886 SUPREME COURT REPORTS [2004] l S.C.R.

A J. in P.K. Mohammad's case'and by Kondaiah, C.J. and Punnayya, J.
in Mohd. Yaseen 's case."

In State of West Bengal v. Gopal Sarkar, [2002] l SCC 495, this Court
followed Sudhakar Rao (supra) and on construction of sub-section (3) of
Section 59-A held :
B
"On a fair reading of the provision it is clear that in a case where any
timber or other forest produce which is the property of the State
Government is produced under sub-section (1) and an Authorised
Officer is satisfied that a forest offence has been committed in respect
of such property he may pass order of confiscation of the said property
c (forest produce) together with all tools, ropes, chains, boats, vehicles
and cattle used in comm illing the offence. The power of confiscation
is independent of any proceeding ofprosecution for the forest offence
committed........ "

[Emphasis supplied]
D
Yet again, in State of Karna/aka v. KA. Kunchindammed, [2002] 9
SCC 90, this Court observed that even the expression 'sandalwood' as
contained in the Karnataka Forest Act, 1963 would include 'sandalwood oil'.
This court in no uncertain terms held :
E "The Karnataka Forest Act is a special statute enacted for the
purpose of preserving the forests and the forest produce in the State.
The Scheme of the Act. as expressed in the Sections, is to vest power
in the authorised officers of the Forest Department for proper
implementation/enforcement of the statutory provisions and for
F enabling them to take effective steps for preserving the forests and
forest produce. For this purpose certain powers including the power
of seizure, confiscation and forfeiture of the forest produce illegally
removed from the fu1 ~sts have been vested exclusively in them. The
position is made clear by the non obstante clause in the relevant
provisions giving overriding effect to the provisions in the Act over·
G other statutes and laws. The ne~essary corollary of such provisions is
that in a case where the authorised officer is empowered to confiscate
the seized forest produce on being satisfied that an offence under the
Act has been committed thereof the general power vested in the
Magistrate for dealing with interim custody/release of the seized
H materials under the Cr. P.C. has to give way. The Magistrate while
STATE OF WEST BENGAL v. SUJTT KUMAR RANA [S.B. SINHA, J.] 887

dealing with a case of any seizure of forest produc.: 'under the Act A
should examine whether the power to confiscate the seized forest
produce is vested in the authorised officer under the Act and if he
finds that such power is vested in the authorised officer then he has
no power to pass an order dealing with interim custody/release of the
seized material. This, in our view, will help in proper implementation
of provisions of the special Act and will help in advancing the purpose B
and object of the statute. If in such cases power to grant interim
custody/release of the seized forest produce is vested in the Magistrate
then it will be defeating the very scheme of the Act. Such a
consequence is to be avoided.

From the statutory provisions and the analysis made in the C
foregoing paragraphs the position that emerges is that the learned

.... Magistrate and the learned Sessions Judge were right in holding that
on facts and in the circumstances of the case it is the authorised
officer who is vested with the power to pass order of interim custody
of the vehicle and not the Magistrate. The High Court was in error D
in taking a view to the contrary and in setting aside the orders passed
by the Magistrate and the Sessions Judge on that basis."

We may notice that despite the fact that under the Karnataka Act, the
criminal court is not denuded of its power to pass an order releasing the
property as would be evident in K.A. Kunchindammed (supra), this Court in E
Section Forester and Anr. v. Mansur Ali Khan, JT (2003) I0 SC 390, following
the decision in State of Karna/aka v. K. Krishnan, JT (2000) 9 SC 356, held:

"6. While in regard to the power of the High Court to release the
vehicle in a given set of facts cannot be disputed, this Court as noticed
by the High Court itself has laid down that such power can be exercised F
for good reasons and in exceptional cases only. In the instant case,
the only reason given by the High Court for the release of the vehicle
is on the ground that same was in the custody of the officers for more
than .one year and there was no likelihood of immediate disposal of
the pending case. This by itself, in our opinion would not be a ground G
for the release of the vehicle because this would be the case in almost
all such cases involving forest offence. In exceptional cases the Act
itself has made a provision for interim release of the vehicle on the
existence of certain conditions mentioned therein. In the absence of
such conditions being fulfilled, we do not think that the High Court
as a matter of course could pass mechanical orders releasing such H
888 SUPREME COURT REPORTS [2004] I S.C.R.

A vehicles.

7. Taking into consideration the object of the Forest Act and other
relevant considerations, this Court in the above said case of State of
Karna/aka v. K. Krishnan (supra) while allowing the said appeal
held:
B "The courts cannot shut their eyes and ignore their obligations
indicated in the Act enacted for the purpose of protecting and
safeguarding both the forests and their 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
c 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
D 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
E to repeat commission of such offences. Its casualty will be the
forests as the same cannot be replenished for years to come."

8. From the above dictum of this Court, we find when a vehicle is
involved in a forest offence the same is not to be released to the
offender or the claimant as a matter of routine till the culmination of
F the proceedings which may include confiscation of such vehicle."

In Shamhhu Dayal Agarwalav. Stale of West Bengal and Anr., [ 1990]
3 SCC 549, this Court interpreting sub-section (2) of Section 6A of the
Essential Commodities Act vis-a-vis Section 6E thereof, held that there could
be no question of releasing the commodity in the sense of returning it to the
G owner or person from whom it was seized even before the proceeding for
confiscation stood completed and before the termination of the prosecution
in the acquittal of the offender. This Court observed that such a view would
render clause (b) of Section 7(1) totally nugatory. It was opined :

" ... It seems to us that Section 6-E is intended to serve a dual purpose,
H namely (i) to prevent interference by courts, etc., and (ii) to effectuate
STATE OF WEST BENGAL v. SUJIT KUMAR RANA [S.B. SINHA, J.] 889
the sale of the essential commodity under sub-section (2) and the A
return of the animal, vehicle, etc., under the second proviso to sub
section (I) of Section 6-A. In that sense Section 6-E is complementary
in nature ... "

[See also Deputy Commissioner, Dakshina Kannada Dislricl v. Rudolph
Fernandes, [2000] 3 sec 306. B
In view of the aforementioned binding precedents, we are of the opinion
that the High Court exceeded its jurisdiction in releasing the vehicles in
exercise of its jurisdiction under Section 482 of the Code of Criminal
Procedure.
c
In view of our findings aforementioned, the contention of the learned
counsel that this Court may not exercise its jurisdiction under Article 136 of
the Constitution oflndia having regard to the purported findings of the criminal
court, will have to be judged. As indicated hereinbefore, there exists a
distinction between. confiscation and conviction. D
A confiscation envisages a civil liability whereas an order of forfeiture
of the forest-produce must be preceded by a judgment of conviction. Although
" indisputably having regard to the phraseology used m sub-section (2) of
Section 59-A, there cannot be any doubt whatsoever that commission of a
forest offence is one of the requisite ingredients for passing an order of E
confiscation; but the question as to whether the order of acquittal has been
passed on that ground and what weight should be attached thereto is a matter
which, in our opinion, should not be gone into at this stage.

So far as the submission of Mr. Ghosh in Criminal Appeal No.453 of
1997 is concerned, it appears, the District Judge while exercising his appellate F
power had set aside the order of confiscation on the ground that the notice
issued to the respondent herein was invalid in law, leaving at the same time
and directing also the Authorized Officer and Divisional Forest Officer West
Midnapore Division to decide the matter afresh in accordance with law.
Consequently, the right of the Authorized Officer is not foreclosed to claim G
for the respondent that no action can be taken further in this regard.

Yet again a valid proceeding for confiscation of the vehicle can be
-· initiated only upon issuance of a proper notice and whereafter an order of
confiscation can be passed in accordance with law.
H
890 SUPREME COURT REPORTS (2004] I S.C.R.

A The upshot of our aforementioned discussion is that once a confiscation
proceeding is initiated the jurisdiction of the criminal court in terms of Section
59-G of the Act being barred, the High Court also cannot exercise its
jurisdiction under Section 482 of the Code of Criminal Procedure for interim
release of the property. The High Court can exercise such a power only in
B exercise of its power of judicial review.
For the foregoing reasons, the impugned judgment cannot be sustained
which is set aside accordingly. It, however, goes without saying that it will
be open to the parties to take such objections in the proceedings relating to
confiscation as are permissible in law. These appeals are allowed.
c V.S.S. Appeals allowed.