Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Forest Act 1927 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Forest Act, 1927: Ss. 2, 41, 42, 52 and 76/Madhya Pradesh ~I Transit (Forest Produce) Rules, 1961; Section 3/Code of Criminal Procedure, 1973: Section 482: Accused transporting 'kattha' and 'cutch' without transit pass-Seizure of-Authority ordering confiscation of the goods treating them as forest produce-Appellate Authority remanded the matter back-Authority again arrived at the same findings-Affirmed by Appellate Authority-Revision petitions admitted by Sessions Court-Petitions for quashing order of seizure of the goods and the confiscation proceeding-Allotted by High Court holding ... that the seized goods were not forest produce and since criminal prosecution was not launched pursuant lo the seizure, confiscation proceeding could not have been initiated-On appeal, Held: Kattha and cutch being manufactured from log of wood of Khair tree/acacia tree, falls within the definition of catechu, a forest produce-Condition precedent for initiating confiscation proceeding is commission of forest offence and not launching of prosecution (/gains/ accused-Since forest offence was committed, confiscation proceeding has rightly been initiated by the authority against the accused-Hence, High Court erred in reversing the order of the Authorities. |
Judge | Hon'ble Mr. Justice B.N. Agrawal |
Neutral Citation | 2004 INSC 217 |
Petitioner | State Of M.p. |
Respondent | S.p. Sales Agencies And Ors |
SCR | [2004] 3 S.C.R. 640 |
Judgement Date | 2004-03-29 |
Case Number | 259-260 |
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