Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Forest Act 62(3)(a) and (b) 2(18) 65 and 71-A 1963 Ss.2(7) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Forest Act, 1963 Ss.2(7), 2(18), 62(3)(a) and (b), 65 and 71-A-Forest produce-Illegal transportation of-Seizure of-Power to pass interim order of release-Sandalwood oil-Seized alongwith vehicle illegally transporting it-Nobody claimed the seized articles-Authorised Officer ordered confiscation of sandalwood oil and vehicle-Confiscation confirmed and published in official gazette-Later, owner of vehicle applied to Judicial Magistrate for interim custody of vehicle-Application dismissed holding that power to grant interim custody vested in Authorised Officer-Sessions Judge, in revision upheld the view-High Court in exercise of powers under s.482 Cr.P.C. directed Judicial Magistrate to dispose of application on merits holding that Magistrate concerned had jurisdiction to consider request for custody of vehicle-Held, in view of the definition of 'sandalwood' in s.2(18) including 'sandalwood oil' within the term 'sandalwood', wherever the term 'sandalwood' is used in the Act, it has to be understood in terms of the definition in s.2(18)-Accordingly 'sandalwood oil' is also included within the purview of ss. 71-A, 71-C, 71-D and 71-G.-The Magistrate and the Sessions Judge were right in holding that the Authorised Officer, and not the Magistrate, was vested with the power to pass order of interim custody of the vehicle-Besides, order of confiscation having not been challenged, has attained finality-Order of High Court set aside-Words and Phrases-'Sandalwood'-'Sandalwood Oil'-Explained. |
Judge | Hon'ble Mr. Justice D.P. Mohapatra |
Neutral Citation | 2002 INSC 205 |
Petitioner | State Of Karnataka |
Respondent | K.a. Kunchindammed |
SCR | [2002] 3 S.C.R. 162 |
Judgement Date | 2002-04-16 |
Case Number | 513 |
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