(2)Every officer seizing any property under this section shall place on such property, or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall, except where the offender agrees in writing forthwith to get the offence compounded [without any un reasonable delay either produce the property seized before an officer not below the rank of an Assistant Conservator of Forests authorised by the Government in this behalf by notification (hereinafter referred to as the authorised officer) or make a report of such seizure to the magistrate:]Provided that where the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Central or State Government and the offender is not known, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to the Divisional Forest Officer.(2-A) Where an authorised officer seizes under sub section (1) any timber or forest produce or where any such timber or 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 may order confiscation of the timber or forest produce so seized or produced together with all tools, ropes, chains, boats or vehicles used in committing such offence.(2-B) No order confiscating any property shall be made under sub section (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 time as may be specified in the notice against the grounds for confiscation; and(c)a reasonable opportunity of being heard in the matter.(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 or vehicle shall be made if the owner thereof proves to the satisfaction of the authorised officer that it was used in carrying the property 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 or vehicle 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 on application call for and examine the record of that order and may make such inquiry or cause such inquiry to be made and pass such orders 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 Court having jurisdiction over the area in which the property has been seized, and the District Court shall after giving an opportunity to the parties to be heard, pass such order as it may think fit and the order of the District Court so passed shall be final.]
