Shri Anil Colaco S/O J S Colaco vs The Authorized Officer & Deputy … on 11 December, 2008

Karnataka High Court
Shri Anil Colaco S/O J S Colaco vs The Authorized Officer & Deputy … on 11 December, 2008
Author: Ram Mohan Reddy
1
IN 'THE HIGH COURT OF KARNATAKA, BANGALORE

DATED T!-HS THE 11TH DAY OF DECEMBER, 

BEFORE

THE HON'BLE MR. JUSTICE RAM MoHAN7gED_Ei*  I'  I

WRIT PETITION NOJ2624 OF"2cn5(G1vI- FOR;   

BETWEEN

SHRI ANIL COLACO

S /O J S COLACO

AGED 40 YEARS

COFFEE PLANTER

KALASAPURA ESTATE _ .

KOPPA, cHIKAMGALUR,DIST.'; ._ .  
  1*  g  " V. _  PETITIONER

(By Sr;vT:"R'IE  DI'/IENVKATESH, ADV ;

AND :

I j'I'E~IE AUTHQRIZED OFFICER 85
 "<DE1?'UTY cO'NS.ERvATOR OF

«  FO'R'EST,KOPFA DIVISION

" = .KO,FFA;-OIIIKAMAGALUR DIST.

  FOREST OFFICER

 FOREST MOBILE SQUAD
IIOFPA, CI-IIKAMAGALUR DIST.
 "  RESPONDENTS

I {.By..S.I*i : R DEVADAS, AGA }

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

MD 227 OF THE CONSTITUTION OF INDIA FRAYIAIG TO

Rf

‘)

QUASH THE IMPUGNED ORDER DT.7.4.1999, PASSED BY
THE R1, PRODUCED AT ANN-C AND QUASH THE
IMPUONED ORDER DT.8.4.20()4, PASSED EY,–‘*-THE
LEARNED FAST TRACK COURTAI AT CH:KAMAOAL.U*R_,c.IN
CR.A.NO.61/99, PRODUCED AT ANNMD. L

THIS PETITION, COMING ON FORIT’
HEARING, THIS DAY THE COURT MADE TH1E1EO’i;.LO–w1NO;Vp_ ‘ A ., ‘

oRDER”~

The petitioner, owner of theV4’.__n”iO_tor ‘~

Mitsubishi Canter, mini lorry, ‘iiieégiring regist.rettioii,p No.KA-

18-1052, when intercepted,AAt””‘at,” iiKa_1kerei’KOdige road

junction on 27.s.1993,'”i_he” Officer, FMS,

Koppa vI’ét1Oi1gfi;vithi: Chis isitaiff fO’1L1’f1″(‘.i’21 pieces of beete {rose
Wood) iilpliicitly End accordingly seized the

Vehicle anti”-.rI1ateria1s,.Vswhich when produced before the

Authiaris_e’d ,Qffice’r,~.a_cti’on was initiated under Sec.”/1–A of

The’ .._FOrest Act, 1963, for short the ‘Act’, in

adfiihitioniv crirninal complaint registered as CC 698/ 1994

beforexthe OCMFC Court at Koppa for Offence punishable

Sec.104{A) of the Act, whence the persons arrested

– iivereflproduced. J H;

J \

2. The petitioner’s Cr1.A.38/1993 before the District

and Sessions Judge Court, Chickmagalur, was a1_4].oV\iv-edi~.by

order dated 12.1.1994 and the vehicle in H

to the petitioner by way of interim_–custody;’=ionAthe

execution of indemnity bond for

other conditions, on 22.1.1994.

3. Before the Authoriseditjiftice-ratwoi for the
prosecution were exarniipnedp ‘and 2, and the
petitioner was examined ‘ii1’he:’:ii’X_uthorised Officer
framed behaving regard to the
material on rec’o.rd.,_F’Vbeingmsatisfied that a forest offence
was cornrnittedi V the property of the State

Government, directed confiscation of the motor vehicle, the

size logs and the petitioner to surrender the

I ‘~v:ehi::il«e days, by order dated 7.4.1999 Annexure

B.

The petitioner aggrieved by the said order filed

9;f.,cirirni.naiiii appeal No. 61/ 1999 before the Fast Track Court-

5

driver to take vehicle to the house of his friend by name

Prabhakar.

6. Per contra, learned Adpdl. ,fC3_ri

the respondent seeks to sustain ‘»the;’or.C’.ers..impugned

being well merited, fully jVusti_iiediii’a_.nid ic:a.l.1ing_ii3 for

interference. Learned counsel:”h_astensii’tot iifithat the
proceedings under the Act are
statutory and inpdepende..nt._ of criminal
proceedings the Act and
that the instant case, being
satisfied in question was used for
committingia» justified in passing the

ordergof confiscatioin. Learned counsel further submits that

lithe i’petit’io&11eir”having failed to establish that he had taken all

i’ca1’le_and.fpreCai1ti’on in the matter of entrustment of vehicle,

was’r_1ot ,cntitl~ed to any benefit of doubt or leniency. Learned

further contends that the vehicle in question was

ipiixteicased to the petitioner pursuant to the order of the

.. _D_iistrict Court as well as in Criminal Petition 623/2004.

7. The Karnataka Forest Act is a special statute

enacted for the purpose of preserving forest arid:i”fo;i’e.st.

produce in the State. The scheme of the if

power in the authorised officer of the”forest:departrnerit.fforo

the proper imp1err1entation/enforcement”of

provisions and to enable take V_effeVctive”:..;s’teps: to
preserve forest and foresztgproducef’u.£t”is’, in itihisregiard that
certain powers inciudingthe. confiscation
and forfeiture of the Vforest”produce..¢i:iI_ega113t:prernoved from the

forest, is ir1¥[_f?i;’=.,tec,%ii&Viii:i’1_.’1 .t1fie11-Authorisediibfficer. The non

obstante clause’—in_: the i’e1ievan.t::vprofvisions of the Act gives
overriding effect’iove_r”‘oth’eri”st_atutes and laws. Thus, what

emanates’ from the of the Act is that the

Authorised Off”1cerg_isVierni’povvered to confiscate and seize the

forest” on being satisfied that an offence under the

‘act .1-siécorrrrnvititecfland therefore the general power of the

JMF’G__to deaf the interim custody/ release of the seized

3u”‘~.p_irnateria1z-ttilnder the Criminal Procedure Code must

r1ece.ss_ari1y give way

{vii

.~

9. In View of Section 71A of the Act, there be

no more doubt, in my mind that the criminal prose’cutio’n

launched against the persons arrested on sieZ’ure._oofi if

vehicle alongwith forest produce, ..i»eadingT_ito,i1an,”ordé.f.V or-5..

acquittai has no bearing over the

the Authorised Officer in trie__”1natter”- of confiscation ‘and ” A

seizure. Therefore the contentiorii:A’o,f_ the leairriedppcounsei for
the petitioner that the Seizure mahazar
drawn under Subv.Section{V},i..of the Act, by the
JMFC in the the benefit of the
petitioner ufndieriiiiseiction 71A of the Act,
cannot say so, for yet another reason
that proceedings 71(A) can be instituted by

the authorised “officer either when the authorised officer

seizes sub–section (1) of Section 62 any timber, ivory

beinigvtheipi’-property of the State, or Where any such

property produced before an Authorised Officer under

iSub,–Secti.oh( 1) and he is satisfied that a forest offence has

A Committed in respect of such property as provided for

., in__sub–section (2) of Section 71(A) of the Act.

1 *4
i iv’ K

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