(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, ropes, chains, boats, vehicles 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, except where the offender agrees in writing to get the offence compounded [under Section 72] [Inserted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.] [either produce the property seized before an officer not below the rank of an Assistant Conservator of Forests authorised by the State Government in this behalf by notification (hereinafter referred to as the authorised officer) or] [Inserted vide Orissa Act 9 of 1983-See O.G.E. No. 444-D/18.4.1983.] 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 make, as soon as may be, a report of the circumstances to his official superior and the Divisional Forest Officer.[(2-a) When an authorised officer seizes any forest produce under Sub-section (1) or where any such forest produce is produced before him under Sub-section (2) and he is satisfied that a forest offence has been committed in respect thereof, [he shall] [Inserted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.] order confiscation of the forest produce so seized or produced together with all tools, ropes, chains, boats, vehicles or cattle used in committing such offence.(2-b) No order confiscating any property shall be made under Subsection (2-a) unless the person from whom the property is seized is given(a)a notice in writing informing him of the grounds on which it is proposed to confiscate such property;(b)an opportunity of making a representation in writing within such reasonable times as may be specified in the notice against the grounds for confiscation; and(c)a reasonable opportunity of being heard in the manner.(2-c) Without prejudice to the provisions of Sub-section (2-b), no order of confiscation under Sub-section (2-a) of any tool, rope, chain, boat, vehicle or cattle shall be made if the owner thereof proves to the satisfaction of the authorised officer that it was used without his knowledge or connivance or the knowledge or connivance of his agent, if any, or the person in charge of the tool rope, chain, boat, vehicle or cattle, in committing the offence and that each of them had taken all reasonable and necessary precautions against such use.(2-d) Any Forest Officer not below the rank of a Conservator of Forests empowered by the Government in this behalf by notification, may, within thirty days from the date of the order of confiscation by the authorised officer under Sub-section (2-a) either suo motu or on application, call for and examine the records of the case and may make such inquiry of cause such inquiry to be made and pass such order as he may think fit :Provided that no order prejudicial to any person shall be passed without giving him an opportunity of being heard.(2-e) Any person aggrieved by an order passed under Sub-section (2-a) or Sub-section (2-d) may, within thirty days from the date of communication to him of such order, appeal to the District Judge having jurisdiction over the area in which the property has been seized, and the District Judge shall, after giving an opportunity to the parties to be heard, pass such order as he may think fit and the order of the District Judge so passed shall be final.](3)The property seized under this section shall be kept in the custody of a Forest Officer or with any third party, until the compensation for compounding the offence, is paid or until an order of the Magistrate directing its disposal is received.[Provided that the seized property shall not be released during pendency of the confiscation proceeding or trial even on the application of the owner of the property for such release] [Added vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.]Explanation - For the purposes of this section and Section 59, cattle shall not include buffaloes, bulls, cows, calves and oxen.
