PENALTIES AND PROCEDURE
Seizure of property liable to confiscation and
procedure thereupon
(1) Where there is reason to
believe that a forest offence has been committed in respect of any timber or
forest produce, such timber, or forest produce, together with all tools, ropes,
chains, boats, vehicles and cattle used in committing any such offence may be
seized by any forest officer or police officer.
(2) Every officer seizing
any property under this section shall place on such property or the receptacle,
if any, in which it is contained, a mark indicating that the same has been so seized
and shall, except where the offender agrees in writing forthwith to get the offence
compounded, without any unreasonable delay, either produce the property seized
before an officer not below the rank of an Assistant Conservator of Forests authorized
by the Government in this behalf by notification (hereinafter referred to as authorized
officer) or make a report of such seizure to the Magistrate:
Provided that where the
timber or forest produce with respect to which such offence is believed to have
been committed is the property of the Central or State Government and the offender
is not known, it shall be sufficient if the officer makes, as soon as may be, a
report of the circumstances to the Divisional Forest Officer.
(2-A) Where an authorised
officer seizes under sub-section (1) any timber or forest produce or where any
such timber or forest produce is produced before him under sub-section (2) and
he is satisfied that a forest offence has been committed, in respect thereof,
he may order confiscation of the timber or forest produce so seized or produced
together with all tools, ropes, chains, boats or vehicles used in committing
such offence.
(2-B) No order of
confiscating any property shall be made under sub-section (2-A) unless the
person from whom the property is seized is given,-
(a)
a notice in writing informing him of the grounds on which it is proposed to confiscate such property;
(b)
an opportunity of making a representation in writing within such reasonable
time as may specified in the notice against the grounds for confiscation; and
(c)
a reasonable opportunity of being heard in the matter.
(2-C) Without prejudice to
the provisions of sub-section (2-B), no order of confiscation under sub-section
(2-A) of any tool, rope, chain, boat or vehicle shall be madeif the owner
thereof proves to the satisfaction of the authorised officer that it was used
in carrying the property without his knowledge or connivance or the knowledge
or connivance of his agent, if any, or the person in charge of the tool, rope,
chain, boat or vehicle in committing the offence and that each of them had taken
all reasonable and necessary precautions against such use.
(2-D) Any forest officer not
below the rank of a Conservator of Forests empowered by the Government in this
behalf by notification, may within thirty days from the date of the order of
confiscation by the authorised officer under sub-section (2-A) either suo motu or
on application call for and examine the record of that order and may make such
inquiry or cause such inquiry to made and pass such orders as he may think fit:
Provided that no order,
prejudicial to any person, shall be passed without giving him an opportunity of
being heard.
(2-E) Any person aggrieved
by an order passed under sub-section (2-A) or subsection (2-D) may, within
thirty days from the date of communication to him of such order, appeal to the
District Court having jurisdiction over the area in which the property has been
seized, and the District Court shall after giving an opportunity to the parties
to be heard, pass such order as it may think fit and the order of the District
Court so passed shall be final.
(3) Any forest officer not
below the rank of a Forester, who or whose subordinate has seized any tools,
ropes, chains, boats, vehicles or cattle under sub-section (1) and where he makes
a report of such seizure to the Magistrate under sub-section (2) may release
the same on the execution by the owner thereof a bond for the production of the
property so released, if and when so required before the Magistrate.
(4) Upon the receipt of any
report under sub-section (2), the Magistrate shall, except where the offence is
compounded, take such measures as may be necessary for the trial of the accused
and the disposal of the property according to law.
(5) The property seized
under this section, shall be kept in the custody of the forest officer not
below the rank of a Forest Guard or the Village Headman until the compensation for
compounding the offence is paid or until an order of the Magistrate directing
its disposal is received.
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