Imran vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard Learned Counsel for the parties.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure.), the Petitioner has sought direction to Respondent No. 3-Divisional Forest Officer to decide the proceedings of confiscation case No. 08 of 2009-2010, in range case No. 11 of 2009-2010, as expeditiously as possible.

The powers of confiscation are conferred on the Forest Officers by the State Government, as provided in Section 52-A, 52-B and 52-C of Indian Forest (Uttarakhand Amendment) Act, 2001 (Uttarakhand Act No. 10 of 2002). Section 52D of said Act, bars jurisdiction of the courts in respect of powers conferred to the Forest Officers by State Government under Sections 52-A and 52-B of the aforesaid Act. Section 52-A of the Act empowers the Respondents relating to seizure of the forest produce, and Section 52-B provides that appeal shall lie before the Conservator of Forest Section 52-C of the aforesaid Act, clarifies that the order of confiscation shall not prevent the punishment to the person concerned by the court. As to the powers of Section 482 of Code of Criminal Procedure. in Popular Muthiah Vs. State represented by Inspector of Police, , it has been held that in the incidental and supplemental proceedings to the main crime, power can be exercised by the High Curt unless the same are expressly excluded by some enactment. Since there appears no exclusion power of 482 Code of Criminal Procedure. in respect of the proceedings pending before the Respondents u/s 52-A and 52-B of Indian Forest (Uttarakhand Amendment) Act, 2001, this petition is being disposed of finally after hearing the parties, as the prayer made in the petition is innocuous in nature.

The petition u/s 482 Code of Criminal Procedure. is disposed of with the direction to the Respondent No. 3 to dispose of the aforesaid confiscation case, as expeditiously as possible, in accordance with law, applicable to it.