Case Note & Summary
The petitioner, Mr. Raviraja Rai M, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a writ of certiorari to quash two orders: (i) an order dated 16th April 2010 passed by the Authorised Officer and Deputy Conservator of Forests, Mangalore Division, in O.R. No.70/2006-07 of Puttur Range Forest Office, Puttur, confiscating certain property under Section 71A of the Karnataka Forest Act, 1963; and (ii) a judgment dated 27th September 2013 passed by the III Addl. Sessions Judge, D.K., Mangalore, in Criminal Appeal No.52/2010, which had dismissed the petitioner's appeal against the confiscation order. The background of the case involves a forest offence allegedly committed by the petitioner, leading to both criminal prosecution and separate confiscation proceedings. The criminal prosecution resulted in a conviction, but the petitioner appealed and was acquitted by the appellate court. However, the confiscation order remained in force. The petitioner then challenged the confiscation order before the Sessions Court in Criminal Appeal No.52/2010, which was dismissed. Aggrieved, the petitioner approached the High Court. The High Court, after hearing the parties, held that the confiscation proceedings under Section 71A of the Karnataka Forest Act, 1963 are dependent on the criminal prosecution for the forest offence. Since the petitioner had been acquitted in the criminal appeal, the very basis for the confiscation order was gone. Consequently, the High Court allowed the writ petition, quashed the confiscation order dated 16th April 2010, and set aside the judgment of the Sessions Court dated 27th September 2013. The court did not impose any costs.
Headnote
A) Forest Law - Confiscation - Section 71A of Karnataka Forest Act, 1963 - Dependency on Criminal Prosecution - Confiscation order passed under Section 71A is dependent on the outcome of criminal prosecution for the forest offence - Once the petitioner is acquitted in criminal appeal, the confiscation order cannot stand and is liable to be quashed (Paras 1-3).
Issue of Consideration
Whether the confiscation order passed under Section 71A of the Karnataka Forest Act, 1963 can survive after the petitioner's acquittal in the criminal appeal arising from the same forest offence.
Final Decision
The writ petition is allowed. The order dated 16.04.2010 passed by the Authorised Officer and Deputy Conservator of Forests, Mangalore Division in O.R. No.70/2006-07 and the judgment dated 27.09.2013 passed by the III Addl. Sessions Judge, D.K., Mangalore in Criminal Appeal No.52/2010 are quashed. No order as to costs.
Law Points
- Confiscation proceedings under Section 71A of Karnataka Forest Act
- 1963 are dependent on criminal prosecution
- acquittal in criminal appeal vitiates confiscation order
- writ of certiorari lies to quash confiscation order after acquittal
Case Details
2025 LawText (KAR) (04) 12
WP No. 2579 of 2014 (GM-FOR)
Sri P.P. Hegde, Sr. Advocate for Sri Venkatesh Somareddy, Advocate (for petitioner); Sri Mahantesh Shettar, AGA (for respondents)
The State represented by the Range Forest Officer, Puttur Range, Puttur & The Authorized Officer & Deputy Conservator of Forests, Mangalore Division, Mangalore
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India seeking quashing of confiscation order and appellate judgment in forest offence matter.
Remedy Sought
Petitioner sought a writ of certiorari to quash the confiscation order dated 16.04.2010 passed by the Authorised Officer and Deputy Conservator of Forests, Mangalore Division, and the judgment dated 27.09.2013 passed by the III Addl. Sessions Judge, D.K., Mangalore in Criminal Appeal No.52/2010.
Filing Reason
The petitioner was acquitted in the criminal appeal arising from the forest offence, but the confiscation order under Section 71A of the Karnataka Forest Act, 1963 remained in force, which the petitioner challenged as unsustainable.
Previous Decisions
The Authorised Officer and Deputy Conservator of Forests passed an order of confiscation on 16.04.2010 in O.R. No.70/2006-07. The petitioner's appeal against that order was dismissed by the III Addl. Sessions Judge, D.K., Mangalore on 27.09.2013 in Criminal Appeal No.52/2010.
Issues
Whether the confiscation order under Section 71A of the Karnataka Forest Act, 1963 can survive after the petitioner's acquittal in the criminal appeal arising from the same forest offence.
Submissions/Arguments
Petitioner argued that since he was acquitted in the criminal appeal, the confiscation order cannot stand.
Respondents opposed the petition, but the court found merit in the petitioner's submission.
Ratio Decidendi
Confiscation proceedings under Section 71A of the Karnataka Forest Act, 1963 are dependent on the criminal prosecution for the forest offence. Once the accused is acquitted in the criminal appeal, the confiscation order loses its basis and is liable to be quashed.
Judgment Excerpts
Petitioner is before this court seeking for the following reliefs: Issue a writ of certiorari, quashing the order dated 16th April, 2010 passed by the Authorised Officer and Deputy Conservator of Forests, Mangalore Division, Mangalore in O.R. No.70/2006-07 of Puttur Range Forest Office, Puttur as per Annexure-H and the judgment dated 27th September, 2013 passed by the III Addl. Sessions Judge, D.K., Mangalore in Criminal Appeal No.52/2010 as per Annexure-J...
Procedural History
The petitioner was involved in a forest offence leading to criminal prosecution and separate confiscation proceedings under Section 71A of the Karnataka Forest Act, 1963. The confiscation order was passed on 16.04.2010. The petitioner was convicted in the criminal case but acquitted in appeal. The petitioner then filed Criminal Appeal No.52/2010 against the confiscation order, which was dismissed on 27.09.2013. Aggrieved, the petitioner filed the present writ petition on 28.04.2025.
Acts & Sections
- Karnataka Forest Act, 1963: 71A
- Constitution of India: 226, 227
