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2005 DIGILAW 501 (SC)

SHANKARLAL v. State Of Maharashtra

2005-03-04

B.N.AGARWAL, H.K.SEMA

body2005
ORDER 1. Heard learned counsel for the parties. 2. It appears that the forest officer seized the stock of timber, vehicle and d the sawmill acting under the provisions of the Indian Forest Act, 1927 (for short "the Act"), as amended by the Maharashtra legislature. The seizure was reported to the authorised officer who initiated a proceeding for confiscation of seized timber, vehicle and the sawmill. Upon receipt of the show-cause notices, show causes were filed by different parties. After the filing of the show causes, the authorised officer passed the order of confiscation whereby e the seized timber, vehicle and the sawmill were directed to be confiscated. When the matter was taken in revision to the Conservator of Forest, the order of confiscation was upheld. Thereupon appeal preferred before the learned Sessions Judge was dismissed, whereupon a writ petition was filed which has been dismissed by the impugned order. Hence, these appeals by special leave. 3. In view of the nature of order which we propose to pass, it is not necessary to state the facts. In the facts and circumstances of the case, we are of the view that reasonable opportunity of hearing was not given, as enjoined under the provisions of the Act, especially Section 69, and, therefore, the matter has got to be remitted to the original authority. 4. Accordingly, the appeals are allowed, impugned orders are set aside and the matter is remitted to the authorised officer who shall upon remand 9 proceed with the matter from the stage after the filing of show cause in the confiscation proceeding in view of the fact that all the parties have already filed their show causes before the authorised officer. 5. It is made clear that whatever documents, the authorised officer proposes to rely upon for the purposes of confiscation of the aforesaid seized h stock of timber, vehicle as well as sawmill, copy of the same shall be made over to all the parties. It will be open to the State to adduce further evidence in support of its case. So far as the appellants are concerned to whom notices for confiscation have been issued, it will be open to them to adduce evidence, oral and documentary, in support of their respective cases. After the evidence is adduced, the authorised officer shall hear the parties and thereupon pass final order in the confiscation proceeding. So far as the appellants are concerned to whom notices for confiscation have been issued, it will be open to them to adduce evidence, oral and documentary, in support of their respective cases. After the evidence is adduced, the authorised officer shall hear the parties and thereupon pass final order in the confiscation proceeding. It is clarified that neither this order nor any of the impugned orders shall prejudice the case of any of the parties. It is needless to say that the goods seized shall not be released to any of the parties during the pendency of confiscation proceeding before the authorised officer. Let the confiscation proceeding be disposed of as expeditiously as possible.