Case Note & Summary
The petitioner, owner of a truck bearing registration number MH-30-B-2897, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the confiscation of his truck by the Assistant Conservator of Forest (Authorized Officer) under Section 61-A of the Indian Forest Act, 1927, and the dismissal of his appeal by the Sessions Judge, Akola, under Section 61-D of the same Act. The truck was involved in a forest offence on 7/1/1999, transporting illicitly felled Nimb wood and Katsawar wood. The confiscation order was dated 17/6/2002, and the appeal was dismissed on 14/10/2002. The petitioner contended that he was not given adequate opportunity of hearing before the confiscation order was passed. The High Court, after hearing both sides, found that the petitioner was not given adequate opportunity of hearing, violating principles of natural justice. The court set aside both the confiscation order and the appellate order, and directed the release of the truck in favor of the petitioner subject to execution of a fresh personal bond in the sum of Rs. One lakh and a bank guarantee of Rs. One lakh from a nationalized bank, to be kept alive till the disposal of the writ petition. The court also directed the respondent to consider the matter afresh after giving due opportunity of hearing to the petitioner.
Headnote
A) Forest Law - Confiscation of Vehicle - Natural Justice - Section 61-A, Indian Forest Act, 1927 - Confiscation of truck for transporting illicit timber - Petitioner not given adequate opportunity of hearing before confiscation order - Held that confiscation order and appellate order are unsustainable and set aside - Vehicle directed to be released on fresh bond and bank guarantee (Paras 1-5).
Issue of Consideration
Whether the confiscation of the petitioner's truck under Section 61-A of the Indian Forest Act, 1927, and the dismissal of the appeal under Section 61-D, are sustainable when the petitioner was not given adequate opportunity of hearing.
Final Decision
The High Court allowed the writ petition, set aside the confiscation order dated 17/6/2002 and the appellate order dated 14/10/2002, and directed the release of the truck in favor of the petitioner subject to execution of a fresh personal bond in the sum of Rs. One lakh and a bank guarantee of Rs. One lakh from a nationalized bank, to be kept alive till the disposal of the writ petition. The respondent was directed to consider the matter afresh after giving due opportunity of hearing to the petitioner.
Law Points
- Principles of natural justice
- Adequate opportunity of hearing
- Confiscation of vehicle under Indian Forest Act
- 1927
- Section 61-A
- Section 61-D
- Release of vehicle on bond and bank guarantee
Case Details
2006 LawText (BOM) (04) 104
Criminal Writ Petition No. 432 of 2002
J.N. Patel, B.P. Dharmadhikari
Shri A.S. Mardikar for the petitioner, Shri M.P. Badar, Special Counsel for the respondent
Mohd. Ashique s/o Shaikh Ameer
State of Maharashtra through Assistant Conservator of Forest and Authorised Officer, Akola Forest Division, Forest Department, Akola
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging confiscation of motor vehicle under Section 61-A of Indian Forest Act, 1927.
Remedy Sought
Petitioner sought release of his truck by quashing and setting aside the confiscation order dated 17/6/2002 and the appellate order dated 14/10/2002.
Filing Reason
Petitioner's truck was confiscated for involvement in forest offence of transporting illicit timber without adequate opportunity of hearing.
Previous Decisions
Confiscation order by Assistant Conservator of Forest (Authorized Officer) under Section 61-A on 17/6/2002; appeal dismissed by Sessions Judge, Akola on 14/10/2002 under Section 61-D.
Issues
Whether the confiscation order under Section 61-A of the Indian Forest Act, 1927, was passed without giving adequate opportunity of hearing to the petitioner, violating principles of natural justice.
Whether the appellate order under Section 61-D dismissing the appeal is sustainable.
Submissions/Arguments
Petitioner argued that he was not given adequate opportunity of hearing before the confiscation order was passed.
Respondent argued that the confiscation and appellate orders were valid and proper.
Ratio Decidendi
The confiscation order under Section 61-A of the Indian Forest Act, 1927, and the appellate order under Section 61-D are unsustainable as the petitioner was not given adequate opportunity of hearing, violating principles of natural justice. The vehicle must be released on bond and bank guarantee pending fresh consideration.
Judgment Excerpts
By this writ petition under Articles 226 and 227 of Constitution of India the petitioner, owner of motor vehicle - a truck having registration Number MH-30 - B--2897 confiscated by Assistant Conservator of Forest (Authorized Officer) under Section 61-A of Indian Forest Act, 1927, has prayed for its release by quashing and setting aside said orders.
This court on 17/3/2003 while admitting the writ petition stayed both these orders and directed release of truck in favour of petitioner subject to execution of personal bond in the sum of Rs. One lakh in addition to the bank guarantee of any of the Nationalised banks in the sum of Rs. One lakh to be kept alive till disposal of this writ petition.
Procedural History
The truck was involved in a forest offence on 7/1/1999. The Assistant Conservator of Forest (Authorized Officer) passed a confiscation order under Section 61-A of the Indian Forest Act, 1927 on 17/6/2002. The petitioner appealed under Section 61-D, which was dismissed by the Sessions Judge, Akola on 14/10/2002. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India. The High Court admitted the writ petition on 17/3/2003 and stayed the orders, directing release of the truck on bond and bank guarantee. The final judgment was pronounced on 20/4/2006.
Acts & Sections
- Indian Forest Act, 1927: 61-A, 61-D
- Constitution of India: 226, 227
