JUDGMENT NAGENDRA RAI, J. 1. In all the aforesaid cases common question of law is involved and as such they have been heard together and are being disposed of by this common judgment at the stage of admission itself. 2. The questions for determination in these cases are two folds. Firstly, whether in view of the specific provisions as contained in Section 52 of the Indian Forest Act (hereinafter referred to as the Act) substituted by Bihar Act 9 of 1990 for confiscation of forest produce in respect of which forest offence has been committed and the vehicles etc. used in committing the offence and the provisions of Section 52-C inserted by the aforesaid Bihar Act barring jurisdiction of the Courts to make orders with respect to possession, delivery, disposal or distribution of the property with regard to which intimation of initiation of confiscation proceeding has been given to the Magistrate having jurisdiction to try the offence, any Court or tribunal has power to make order with regard to release of the forest produce and the vehicles etc. during the pendency of the confiscation proceeding. Secondly, whether the bar created by Section 52-C applies to the application filed under Articles 226 & 227 of the Constitution of India. 3. In all the cases the owners have filed the applications in this Court for release of the trucks and matador which were seized in connection with transporting forest produce in contravention of the provisions of the Forest Act. 4. In CWJC No. 291 of 1994 (R) the petitioner has come against the order by which the application filed for the release of vehicle before the Divisional Forest Officer under the Act, before whom the confiscation proceeding is pending has been rejected and in other cases the petitioners have filed the application against the orders passed by the learned Magistrates rejecting their application for release of the vehicle on the ground that the confiscation proceeding is pending under Section 52 of the Forest Act as amended by the Bihar Act. This Court by interim order has released the vehicles in all the cases on furnishing bonds. In view of the nature of the point involved in this case, it is not necessary to state the fact in detail. This Court by interim order has released the vehicles in all the cases on furnishing bonds. In view of the nature of the point involved in this case, it is not necessary to state the fact in detail. Suffice it to say that the vehicles are alleged to have been seized while carrying out forest produce in contravention of the provisions of the Forest Act. Except in CWJC No. 291 of 1994 (R) in all the cases the criminal prosecution has been initiated against them by lodging the F.I.R. for the offences under the aforesaid Act as well as under the Indian Penal Code, It is also admitted position that in all the cases confiscation proceeding has been initiated under the provisions of Section 52 of the Indian Forest Act as amended by Bihar Act, 9 of 1990. 5. At the very outset I may mention that we the Indians traditionally revere nature and worship the trees. The forest plays an important role in our life. It maintains environmental and ecological balance. Its destruction would create environmental and ecological problem. There is world wide awareness to protect forest. The world community as a whole is engaged in evolving plans for preservation and improvement of environment. 6. By 42nd Amendment Articles 48A and 51A have been incorporated in the Constitution imposing duty on the State and the citizen to protect and improve environment. Article 48A reads as follows:– "The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country." The relevant part of Article 51A reads as follows:– 51-A "It shall be the duty of every citizen of India. (g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures." 7. The aforesaid amendment in the Constitution shows that it is not only the duty of the State but also the duty of every citizen to protect and improve the environment and natural resources of the country. 8. Apart from the Indian Forest Act other Acts have also been made by the Parliament to protect the environment and ecology including the forest. In this connection reference may be made to the Forest (Conservation) Act which provides that without prior approval of the Central Government the State or any other authority shall not dereserve the forest for non-forest purposes. Apart from the Indian Forest Act other Acts have also been made by the Parliament to protect the environment and ecology including the forest. In this connection reference may be made to the Forest (Conservation) Act which provides that without prior approval of the Central Government the State or any other authority shall not dereserve the forest for non-forest purposes. Disobedience of the provisions of the Act has been made punishable under the Act. The State Government having noticed increase in illegal felling and removal of trees amended the provisions of the Act by the Indian Forest (Bihar Amendment) Act 1989 (Act 9 of 1990). It made drastic changes in the Act. It enhanced the punishment under different Sections of the Act and also made a provision for confiscation of the forest produce and vehicles etc., the detailed reference of which will be given at a proper place. In this State unfortunately either due to lack of will power or inaction on the part of the officers the forest offences are going on unabated and the provisions of the Indian Forest Act as amended by the Indian Forest (Bihar Amendment) Act, 1989 (Act 9 of 1990) or the Forest (Conservation) Act have not made any deterrent effect on the unscrupulous persons engaged in the ruthless destruction of the forest produce. This is evident from the fact that more than fifty two thousand cases under the Forest Act are pending in different courts and large number of confiscation proceedings are also pending before the authorised forest officers. 9. To appreciate the point raised in this case, it will be relevant to refer the provisions of the Act. Section 2 contains the dictionary of the Act and Section 2 (4) defines forest produce, which includes even minerals and all the products of mines and minerals, apart from the trees, timber, flowers, seeds etc. Chapter-II deals with Reserve Forests and acts prohibited in such forests is punishable under Section 26 of the Act. Chapter IV deals with protected forests and acts in contravention of the notification issued under Section 30 or of rules under Section 32 is punishable under Section 33 of the Act. Chapter VII empowers the government to make rules to regulate transit of forest produce. Chapter IV deals with protected forests and acts in contravention of the notification issued under Section 30 or of rules under Section 32 is punishable under Section 33 of the Act. Chapter VII empowers the government to make rules to regulate transit of forest produce. 'In exercise of power conferred under Section 41 of the Act falling under the said chapter, the Bihar Timber and other Forest Produce Regulation of Transit Rules. 1973 has been framed and the transit of forest produce in contravention of the said rule is punishable under Section 42 of the Act. 10. Chapter IX deals with penalty and procedure. Section 52 of the Act prior to its amendment by the Bihar Act empowered the forest officer or the police officer to seize the forest produce in respect of which a forest offence has been committed as well as tools etc. and to make a report to the Magistrate having jurisdiction to try the offence. There was no provision of seizure of motor vehicle. The Bihar Act made a drastic change in the said provisions and Section 52A to 52D were also added. By the amendment elaborate provisions for confiscation of forest produce, subject matter of offence as well as vehicle etc. used in commission of the offence have been made. The provision of appeal and revision against the order of confiscation has been also made. Section 52C bars the jurisdiction of the Court and tribunal other than the authorised officer appellate authority and revisional authority to pass an order for possession release etc. of the property, subject matter of confiscation proceeding after information about it has been given to the Magistrate. As the point for determination hinges on the true meaning and import of the aforesaid provisions it is apt to quote the unamended Section 52 and the provisions amended by the Bihar Act. Section 52 of the Central Act:– Seizure of property liable to confiscation–(1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such as produce together with all tools, boats carts or cattle used in committing any such offence, may be seized by any Forest Officer or Police Officer. Section 52 of the Central Act:– Seizure of property liable to confiscation–(1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such as produce together with all tools, boats carts or cattle used in committing any such offence, may be seized by any Forest Officer or Police Officer. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. Provided that, when the forest produce with respect to which such offence is believed to have been committed is the property of Government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be a report of the circumstances to his official superior. State Amendment Bihar Act 9 of 1990– Section 52-Seizure and its procedure for the property liable for confiscation:– (1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, arms, boats, vehicles, ropes, chains or any other article used in committing any such offence may be seized by any Forest Officer or Police Officer. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, either produce the property seized before an officer not below the rank of the Divisional Forest Officer authorised by the State Government in this behalf by notification (hereinafter referred as the authorised officer) or where it is. having regard to quantity of bulk or other genuine difficulty, not practicable to produce the property seized before the authorised officer, or where it is intended to launch criminal proceedings against the offender immediately, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of Govt. Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of Govt. and the offender is unknown, it shall be sufficient if the officer makes as soon as may be, a report of the circumstances to his immediate superior. (3) Subject to sub-section (5), where the authorised officer upon production before him of property seized or upon receipt of report about seizure as the case may be, is satisfied that a forest offence has been committed in respect thereof, he may by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, vehicles, ropes, chains or any other article used in committing such offence. The Magistrate having jurisdiction to try the offence concerned, may, on the basis of the report of the authorised confiscating officer, cancel the registration of a vehicle used in committing the offence, the licence of the vehicle driver and the licence of the arms. A. copy of order of confiscation shall be forwarded without undue delay to the Conservators of Forests of the forest circle in which the forest produce as the case may be, has been seized. (4) No order confiscating any property shall be made under sub-section (3) unless the authorised officer:– (a) Sends an intimation about initiation of proceedings for confiscation of property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made; (b) Issues a notice in writing to the person from whom the property is seized, and to any other person who may appear to be authorised officer to have some interest in such property; (c) Affords an opportunity to the parsons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation and; (d) Gives to the officer effecting the seizure and the persons or person to whom notice has been issued under clause (b), a hearing on date to be fixed for such purposes. (5) No order of confiscation under sub-section (3) of any tools, arms, boats, vehicles, ropes, chains or any other article (other than the forest produce seized) shall be made if any persons referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, vehicles, ropes, chains or other articles were used without his knowledge or connivance or as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against use of the objects aforesaid for commission of forest offence. 52A. Appeal against the order of confiscation:–Any person aggrieved by an order of confiscation may, within thirty days of the order, or if the fact of such order has not been communicated to him within thirty days of date of knowledge of such order, prefer an appeal in writing accompanied by such fee payable in such form as may be prescribed, alongwith the certified copy of order of confiscation to the District, Magistrate (hereinafter referred to as Appellate Authority) of the District in which the forest produce has been seized:– Explanation: – (1) The time required for obtaining certified copy of order of confiscation shall be excluded while computing period of thirty days referred to in this sub-section. (2) The Appellate Authority referred to in Section 52-A, may, where no appeal has been preferred before him, "suo motu" within thirty days of date of receipt of copy of order of confiscation by him and shall on presentation of memorandum of appeal issue a notice for hearing of appeal or, as the case may be, "suo motu" action to the officer effecting seizure and to any other person (including appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by the order of confiscation, and may send for the record of the case. (3) The appellate Authority shall send intimation in writing of lodging of appeal or about "suo motu" action, to the authorised officer. (4) The Appellate Authority may pass such order of "Interim" nature of custody, preservation or disposal (if necessary) of the subject matter of confiscation, as may appear to be just or proper in the circumstances of the case. (3) The appellate Authority shall send intimation in writing of lodging of appeal or about "suo motu" action, to the authorised officer. (4) The Appellate Authority may pass such order of "Interim" nature of custody, preservation or disposal (if necessary) of the subject matter of confiscation, as may appear to be just or proper in the circumstances of the case. (5) The appellate authority, having regard to the nature of the case or the complexity involved, may permit parties to the appeal to be represented by their respective legal practitioners. (6) On the date fixed for hearing of the appeal or "suo motu" action, or on such date to which the hearing may be adjourned the Appellate Authority shall peruse the record and hear the parties to the appeal if present in person, or through any agent duly authorised in writing or through a legal practitioner, and shall thereafter proceed to pass an order of confirmation, reversal or modification of order of confiscation. Provided that before passing any final order the Appellate Authority may if it is considered necessary for proper decisions of appeal or for proper disposal of "suo motu" action make further inquiry itself or cause to it to be made by the authorised officer and may also allow parties to file affidavits for asserting or refuting any fact that may arise for consideration and may allow proof of facts/affidavits. (7) The Appellate Authority may also pass such orders of consequential nature as it may deem necessary. (8) Copy of final order or an order of consequential nature, shall be sent to the authorised officer for compliance or for passing any order appropriate in conformity with the order of Appellate Authority. 52B. Petition for revision before Secretary, Forest and Environment Department, Government of Bihar against the order of the Appellate Authority: – (1) Any party to the appeal, aggrieved by final order or by order of consequential nature passed by the Appellate Authority may within thirty days of the order sought to be impugned, submit a petition for revision to the Secretary, Forest and Environment Department, Government of Bihar. Explanation: – In computing the period of thirty days under this sub-section the time requisite for obtaining certified copy of order of Appellate Authority shall be excluded. Explanation: – In computing the period of thirty days under this sub-section the time requisite for obtaining certified copy of order of Appellate Authority shall be excluded. (2) The Secretary, Forest and Environment Department, Government of Bihar may confirm, reverse or modify any final order of consequential nature passed by the Appellate Authority. (3) Copies of the order passed in revision shall be sent to the Appellate Authority and to the authorised officer for compliance or for passing such further order or for taking such further action as may be directed by such Court. (4) For entertaining hearing and deciding a revision under this section, the Secretary, Forest and Environment Department. Government of Bihar shall as far may be, exercise the same powers and follow the same procedure as exercised and followed while entertaining hearing and deciding a revision under the Code of Criminal Procedure 1973 (Act No. 2 of 1974). (5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure 1973 (Act No. 2 of 1974) the order passed under this section shall be final and shall not be called in question before the Court. 52C. Bar of jurisdiction of Courts, etc. in certain circumstances: – (1) On receipt of intimation under sub-section (4) of Section 52 about initiation of proceeding for confiscation of property by the magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation has been made no Court or Tribunal (other than the authorised officer, Appellate Authority and Revision Authority referred to in Sections 52, 52A & 52B) shall have jurisdiction to make orders with regard to possession delivery disposal or distribution of the property in regard to which proceedings for confiscation or any other law are for the time being in force. Explanation: – Where under any law for the time being in force two or more courts have jurisdiction to try forest offence then on receipt of intimation under sub-section (1) of Section 52 by one of the Courts of Magistrate having jurisdiction shall be construed to be receipt of intimation under the provision by all the Courts and the bar to exercise jurisdiction shall operate on all such Courts. (2) Nothing in sub-Section (1) shall affect the power saved under Section 31. (2) Nothing in sub-Section (1) shall affect the power saved under Section 31. 52-D. Power of entry inspection, search and seizure-Notwithstanding anything contained in any other law for the time being in force any Forest Officer not below the rank of Ranger of Forest or any Police Officer not below the rank of a Sub-Inspector, may if he has reasonable grounds to believe that any forest offence has been committed in contravention of this Act enter upon, inspect and search any place premises, appurtenances thereto, land, vehicle or boat and seize any illegal forest produce and all tools, arms, boats, vehicles, ropes, chains or any other articles used in committing such offence. 11. Other sections falling under Chapter IX were not amended by the Bihar Act. A brief resume of the same is also essential for determining the point in controversy. Section 53 of the Act empowers the concerned forest officer to release the tools, boats, carts or cattle seized under Section 52 on execution of bonds by the owner for the purpose of production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. Section 54 provides that Magistrate on receipt of the report of seizure of the articles shall take such measures as may be necessary for the arrest and trial of the offence and the disposal of tile property according to law. Section 55 provides for confiscation of forest produce and tools etc. There is no mention of vehicle in the aforesaid section. Sub-section (2) of Section 55 provides that such confiscation may be in addition to any other punishment prescribed for such offence. 12. Section 56 provides for disposal of forest produce in respect of which forest offence has been committed after the conclusion of trial. Section 59 provides for appeal against the order of confiscation etc. Section 61 provides that nothing contained in the aforesaid chapter shall be deemed to prevent any officer empowered in this behalf by the State Government from directing at any time the immediate release of any property seized under Section 52. 13. Section 59 provides for appeal against the order of confiscation etc. Section 61 provides that nothing contained in the aforesaid chapter shall be deemed to prevent any officer empowered in this behalf by the State Government from directing at any time the immediate release of any property seized under Section 52. 13. From reading of the provisions under Chapter IX before and after amendment it is clear that prior to amendment by Bihar Act the power to confiscate forest produce in regard to which the offence was committed under the Act as well as tools etc. (not the vehicle) was vested only in the Magistrate trying the offence. The authorities under the forest Act has no other power except to report the matter to the Magistrate. The aforesaid provisions did not have any deterrent effect on the persons indulged in violating the provisions of the Forest Act and the Rules framed thereunder. This necessitated the amendment of the provisions of the Act by the Act of 1989. 14. From the amendment provision it is clear that when the forest officer or police officer has reason to believe that forest offence has been committed in respect of any forest produce then such produce together with all the tools and arms and vehicles, ropes etc. used in committing such offence may be seized by any forest officer or police officer. After seizing the property a mark will be given and the same will be produced before the authorised officer However, if it is not possible to produce the articles before the concerned officer due to genuine difficulty or if it is intended to launch a criminal proceeding against the offender then report of such seizure will be made to Magistrate to try the offence on account of which seizure has been made. However, the proviso to sub-section (2) of Section 52 provides that when the forest produce with respect to which offence is believed to have been committed is the property of the government and the offender is unknown then it shall be sufficient for the forest officer as soon as may be, to report all the circumstances to his immediate superior official. Sub-section (3) of Section 52 of the Act provides that on the production of the property or on receipt of report of the seizure, as the case may be, if the forest officer is satisfied that a forest offence has been committed in respect thereof, he may by order in writing and for reasons to be recorded confiscate forest produce so seized together with all tools, arms, vehicle etc. used in committing such offence. The Magistrate having jurisdiction to try the offence concerned may, on the basis of the report of the authorised forest officer will cancel the registration of the vehicle used in committing the offence, the licence of the vehicle driver and the licence of the arms. A copy of the order will be sent to the Conservator of forests circle in question in which the forest produce has been seized. Sub-section (4) of Section 52 provides that before passing an order of confiscation an intimation be given to the Magistrate having jurisdiction to try the offence and adequate opportunity be given to the interested person. However, Sub-section (5) provides that no order of confiscation with regard to vehicle, tools, boats, ropes, chain or any other articles other than forest produce seized shall be made, if any person referred to in clause (b) of Sub-section (4) proves to the satisfaction of authorised officer that any tools, arms, boats, vehicle, ropes etc. were used without his knowledge or connivance or as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against the use of the objects aforesaid for commission of forest offence. 15. Section 52A provides for appeal against the order of confiscation. Sub-section (2) of Section 52A provides that apart from appeal preferred by the aggrieved person the appellate authority is also suo motu empowered to exercise the power of Appellate Court. It also empowers the appellate authority to pass order of interim nature for custody, preservation or disposal (if necessary) of the subject matter of confiscation, which the Appellate Court may thinks just and proper in the circumstances of the case. 16. It also empowers the appellate authority to pass order of interim nature for custody, preservation or disposal (if necessary) of the subject matter of confiscation, which the Appellate Court may thinks just and proper in the circumstances of the case. 16. Section 52B contains a provision for revision before the Secretary, Forest and Environment Department, Government of Bihar and 52C provides that once the Magistrate having jurisdiction to try the offence receives intimation about the initiation of proceedings of confiscation under subsection (4) of Section 52 no court or tribunal other than authorised forest officer, appellate authority and revisional authority as mentioned under Sections 52, 52A, 52B shall have jurisdiction to make order with regard to possession, delivery, disposal, distribution of the property in regard to which the proceeding for confiscation has been initiated. Once the confiscation proceeding has been initiated and intimation has been given to the Magistrate having jurisdiction to try the offence in question then the court and tribunal which includes the Court of Magistrate where the criminal proceeding is pending shall have no jurisdiction to pass an order for release of the vehicle or even the forest produce or other property as mentioned in Section 52 of the Act. 17. Learned counsel for the petitioners contended that the aforesaid provisions did not curtail the power of the Criminal Court to release the vehicle or forest produce during the pendency of the case before it in view of the specific provisions contained under Chapter XXXIV Cr. PC empowering it to release the property which is subject matter of offence. Section 451 provides that if any property is produced before the Criminal Court in enquiry or trial the Court may make orders as it thinks fit. for the proper custody of such property pending conclusion of the enquiry or trial and if the property is subject to speedy or natural decay or if it is otherwise expedient, so to do the Court may, after recording such evidence as it thinks necessary order it to be sold or otherwise disposed of Section 452 contains a provision for disposal of the property after conclusion of trial. Section 457 says that when only the seizure of the property is reported by the police and the property is not produced before the Criminal Court it may pass an appropriate order for disposal of such property. 18. Section 457 says that when only the seizure of the property is reported by the police and the property is not produced before the Criminal Court it may pass an appropriate order for disposal of such property. 18. No doubt, the Code of Criminal Procedure contains the provisions for interim custody of the property during the pendency of the case or after its disposal or when the matter is reported to the Magistrate but the property is not produced before it but the question is as to whether once the confiscation proceeding has been initiated and matter has been brought to the notice of the Magistrate then in that situation the criminal Court has still power to pass an order for the custody or release of forest produce, vehicle and other properties seized under Section 52 of the Act after its amendment. The object of insertion of section 52 as well as other Sections i.e. 52A, 52B, 52C & 52D by the State Amendment is to check the menace of destruction of forest and forest produce and to deter the law breakers including the owner of the vehicle to repeat the crime. If the submission of counsel for the petitioners is accepted then in spite of provision of Section 52C the Criminal Court will have power to pass interim order of release of the forest produce or the vehicle. In my view in such a situation the provisions of Section 52C will become otiose and redundant and very object of the amended provisions will be frustrated. The provisions of Code of criminal Procedure dealing with the disposal of the property have to give way to the special provisions contained under the Forest Act as brought by the State Amendment. 19. The point urged by the petitioner has already been answered by the Apex Court while dealing with the similar provisions of• the Andhra Pradesh Forest Act in the case of Divisional Forest Officer & other vs. G.B. Sudakar Rao & other, 1986 S.C. 328. In the said case the question for consideration was whether a confiscation proceeding by the authorised officer under the Forest Act be stayed by the High Court in exercise of power under Section 482 of the Code during the pendency of the criminal case. It appears that provisions for confiscation by the authorised forest officer was brought on the statute book by the amendment Act, 17/76. It appears that provisions for confiscation by the authorised forest officer was brought on the statute book by the amendment Act, 17/76. The provisions are similar to the provisions contained under Sections 52, 52A & 52B of the Act. There was no provision therein like 52C of the Act barring the jurisdiction of the Criminal Court to pass an order of disposal of property, subject matter of confiscation after the intimation of confiscation proceeding has been given to the Magistrate. Even then it was held that High Court has no power to stay the confiscation proceeding and the provisions of disposal of property under the Code must yield to the special provisions of the confiscation under the Act. The confiscation proceeding altogether is a separate proceeding. The relevant paragraphs are quoted below:– "True it is, where any property is produced by an officer before a criminal Court in an inquiry or trial, the Court may under S. 451 of the Criminal PC 1973 make any direction, as it thinks fit, for the proper custody of such property pending the conclusion of the inquiry or trial. At the conclusion of the inquiry or trial, the Court may also under S. 452 of the Code make an order for the disposal of the property produced before it and make such other directions as it may think necessary. Where the property is not produced before a Criminal Court in an inquiry or trial, the Magistrate is empowered under S. 457 of the Code to make such order as he thinks fit, respecting the disposal of the property. The general provision of S. 452 of the Code with regard to disposal of property by a Criminal Court such as by destruction, confiscation delivery to any person claiming or S. 457 investing a Magistrate to make an order for disposal of property seized by a police officer and not produced before a Criminal Court during an inquiry or trial, must necessarily yield where a statute makes a special provision with regard to forfeiture of any property and its disposal. In the instant case, admittedly, the illicitly felled teak trees seized by the Forest Range Officer, Adilabad were produced by him before the Divisional Forest Officer, Hyderabad who is the Authorised Officer under sub-section. In the instant case, admittedly, the illicitly felled teak trees seized by the Forest Range Officer, Adilabad were produced by him before the Divisional Forest Officer, Hyderabad who is the Authorised Officer under sub-section. (2A) of S.44 of the Act, along with a report by him under sub-section (2) thereof that he had reason to believe that a forest offence had been committed by the respondents. Merely because the Forest Range Officer also later lodged a complaint before the learned Metropolitan Magistrate for trial of the respondents for commission of offences under sub-sections 20 (1) (iv) and (x) and 20 (1) (d) read with S.29 (4) (a) (ii) of the Act, did not imply that the Authorised Officer was bereft of his power and authority to direct confiscation of the seized timber and the implements etc. under sub-section (2A) of S.44 of the Act if he has satisfied that a forest offence had been committed. A close, careful and combined reading of the various sub-sections of S.44, S.45 and S.58A of the Act as introduced or amended by Act 17 of 1976 leaves n0 doubt that the intendment of the Legislature was to provide for two separate proceedings before two different forums and there is no conflict of jurisdiction as S.45, as amended by the Amendment Act, in terms curtails the power conferred on the Magistrate to direct confiscation of timber or forest produce on conviction of the accused. The conferral of power of confiscation of seized timber or forest produce and the implements, etc., on the Authorized Officer under sub-section. (2A) of S.44 of the Act on his being satisfied that a forest offence had been committed in respect thereof, is not dependent upon whether a criminal prosecution for commission of a forest offence ha$ been launched against the offender or not. It is a separate and distinct proceeding from that of a trial before the Court for commission of an offence, Under sub-section (2A) of S.44 of the Act, where a Forest Officer makes report of seizure of any timber or forest produce or produces the seized timber before the Authorised Officer alongwith a report under S.44 (2), the Authorized Officer can direct confiscation to Government of such timber or forest produce and the implements, etc. if he is satisfied that a forest offence has been committed, irrespective of the fact whether the accused is facing a trial before a Magistrate for the Commission of a forest offence under S.20 or 29 of the Act." Thus, the submission advanced on behalf of the petitioners have been answered fully by the aforesaid observation of the Supreme Court. 20. No grievance can be made by the claimant of tile forest produce, vehicle etc. that no sufficient opportunity is provided to them to present their case before the authorised officer. Section 52 of the Act after amendment provides for confiscation after following the requirement of natural justice. Aggrieved person has been provided with right of appeal and revision. Even the Appellate Court has been given power to pass interim order. Section 55 of the Forest Act empowers the Criminal Court also to confiscate the forest produce and the articles used in committing of such offence but it is provided that such confiscation may be in addition to any other punishment prescribed for such offence. Here, I may mention that so far the vehicles are concerned the Magistrate has not been vested with power to confiscate. He has been vested power only with regard to the confiscation of forest produce and other properties mentioned therein. However, once the confiscation has been made under Section 52 of the Act there is no question of again confiscating the property mentioned in Section 55 by the Magistrate after the trial. In case the offence is proved he will impose other punishments. In my view, Section 55 of the Act requires to be amended. It should be inserted in sub-section (2) of Section 55 of the Forest Act that once the properly has been confiscated under Section 52 of the Forest Act there is no question of the same being again confiscated by the Magistrate. 21. Thus after considering the question from different angles I am of the view that once the confiscation proceeding has been initiated and the matter has been brought to the notice of the Magistrate by the authorised forest officer the jurisdiction of the Criminal Court is ousted to pass any order for disposal of the properly which includes forest produce as well as the vehicle etc. used in the commission of the offence. 22. used in the commission of the offence. 22. The next question is as to whether the bar created under Section 52C will also oust the jurisdiction of this Court. This question will not detain me for long as it is well settled by now that Articles 226 & 227 of the Constitution of India are not one of such provisions which can be changed by ordinary legislation. The power can be curtailed only by amendment in the Constitution. The State amendment brought by State Act cannot cur1ail or take away the power of this Court under Articles 226 & 227 of the Constitution of India. However, the power or discretion under Articles 226 & 227 of the Constitution of India is to be exercised on well established principles and not arbitrarily and it is subject to the certain self imposed restrictions. Its object is to see that authorities and tribunals act within the bound of their jurisdiction. No writ can be issued to frustrate the object of the Act. Nor it can be issued to make a valid statutory enactment otiose and redundant. However, I do not mean to say that this Court is powerless to interfere in appropriate cases but such cases will be far and few. 23. In cases where on the face of material it appears that the confiscation proceeding is unjustified and wholly illegal then the helping hands of this Court will rescue the aggrieved persons but issuance of writ in all the cases releasing the vehicle or forest produce during the pendency of the confiscation proceeding before the authorised officer under the Forest Act will result in miscarriage of justice and will frustrate the object of the Act as stated above. When the parties approach this Court for release of the forest produce or the property including vehicles used in commission of the offence with regard to which the confiscation proceeding is pending, this Court in first instance will direct the confiscating agency to dispose of the proceeding at an earliest for the simple reason that once the confiscation proceeding is concluded the aggrieved person has right of appeal and tile Appellate Court has power to pass an interim order. The provisions of Section 52 clearly shows that the legislature never intended that the forest produce and the articles used in commission bf the offence should be released in course of confiscation proceeding. The provisions of Section 52 clearly shows that the legislature never intended that the forest produce and the articles used in commission bf the offence should be released in course of confiscation proceeding. However, when there is unreasonable delay resulting in miscarriage of justice the Court in appropriate case may release the vehicle till the conclusion of the confiscation proceeding with a clear stipulation that if an order for confiscation has been passed after conclusion of the confiscation proceeding the vehicle and the forest produce should be produced before the confiscating authority before filing an appeal as provided under Section 52A of the Act. 24. In all these cases nothing has been shown on behalf of the petitioners justifying interference by this Court in exercise of writ jurisdiction. There are allegations against them for having committed the forest offence. The authorised forest officers after having been satisfied have initiated the confiscation proceeding. Accordingly, in none of the case, this Court should exercise its extraordinary jurisdiction to pass order or release of the vehicle. The only appropriate direction can be given to the authorised forest officers in all the cases to conclude the confiscation proceeding within two months from the date of production of a copy of the order. The interim orders passed by this Court in all the cases releasing the vehicles are recalled. 25. Before parting with this judgment, I may mention that it appears that large number of confiscation cases are pending and as such sufficient number of forest officers are required to be authorised under Section 52 of the Act to deal with the confiscation proceeding especially when there is no provision for release of the properties during the pendency of the confiscation proceeding. The State Government is directed to pay utmost attention to this aspect of the matter and authorise large number of forest officers and issue necessary direction to them to dispose of the confiscation proceeding within a timeframe of three months from the date of initiation of the confiscation proceeding after appearance of the concerned persons. 26. In the result, I do not find any merit in these applications and the same are dismissed. 27. Let a copy of this order be sent to the Secretary, Department of Forest, Government of Bihar.