Case Note & Summary
The petitioner, Pandurang Laxman Naik, owner and driver of a Canter Pick up vehicle bearing No. GA 02 T 5440, filed a criminal writ petition before the High Court of Bombay at Goa challenging the judgment/order dated 6-1-2005 passed by the learned 1st Additional Sessions Judge, Margao. The background of the case is that on 24-6-1999, the petitioner's vehicle was detained at Bhatpal Check Post by Forest Officials while carrying Sissum wood (2 round logs and 19 rough fashioned logs) without a transit pass. The vehicle and logs were seized by the Range Forest Officer on 25-6-1999. The petitioner was prosecuted under the Indian Forest Act, 1927 and was acquitted. Separately, the petitioner was issued a show cause notice dated 12-8-1999 by the Deputy Conservator of Forest, Margao, under Section 61(A) of the Indian Forest Act, 1927 as applicable to the State of Goa. After the petitioner's reply was found unsatisfactory, the authorised officer passed an order dated 31-10-2003 confiscating the vehicle under Section 61(A). The petitioner appealed to the Sessions Judge, and the appeal was made over to the 1st Additional Sessions Judge, Margao, who dismissed it by judgment/order dated 6-1-2005. The petitioner then invoked the writ jurisdiction of the High Court on the ground that the 1st Additional Sessions Judge had no jurisdiction to decide the appeal. The High Court examined the provisions of the Indian Forest Act, 1927 as applicable to Goa, particularly Section 61(D), which provides that an appeal against an order of confiscation under Section 61(A) lies to the District Judge. The court noted that the Sessions Judge is not the same as the District Judge, and therefore the 1st Additional Sessions Judge lacked jurisdiction. The High Court allowed the petition, quashed the impugned order, and directed that the appeal be placed before the District Judge for disposal according to law.
Headnote
A) Criminal Procedure - Jurisdiction - Appeal against confiscation order - Section 61(D) Indian Forest Act, 1927 (as applicable to Goa) - The Sessions Judge has no jurisdiction to hear an appeal against an order of confiscation passed under Section 61(A) of the Act, as the appeal lies only to the District Judge under Section 61(D) of the Act. The order passed by the 1st Additional Sessions Judge, Margao, dated 6-1-2005, is quashed and set aside. (Paras 1-7) B) Forest Law - Confiscation of vehicle - Section 61(A) Indian Forest Act, 1927 (as applicable to Goa) - The authorised officer (Deputy Conservator of Forest) ordered confiscation of the petitioner's Canter Pick up vehicle for carrying Sissum wood without transit pass. The petitioner was acquitted in criminal prosecution but the confiscation order was passed separately. (Paras 3-4) C) Writ Jurisdiction - High Court - Quashing of order - The High Court in its writ jurisdiction can quash an order passed without jurisdiction. The impugned order of the 1st Additional Sessions Judge is set aside, and the appeal is directed to be placed before the District Judge for disposal according to law. (Paras 6-7)
Issue of Consideration
Whether the learned 1st Additional Sessions Judge, Margao had jurisdiction to decide the appeal against the order of confiscation passed under Section 61(A) of the Indian Forest Act, 1927 as applicable to the State of Goa.
Final Decision
The High Court allowed the petition, quashed and set aside the Judgment/Order dated 6-1-2005 of the learned 1st Additional Sessions Judge, Margao, and directed that the appeal be placed before the District Judge for disposal according to law.
Law Points
- Jurisdiction of Sessions Judge to hear appeals under Section 61(D) of Indian Forest Act
- 1927 as applicable to Goa
- Confiscation proceedings under Section 61(A) of Indian Forest Act
- 1927
- Writ jurisdiction to challenge order of confiscation
