Section 38 in The Jammu and Kashmir Forest Act, 1987 (1930 A.D.)
38. Power to compound offences.
(1)[Any forest Officer not below the rank of Range Officer may] [Substituted by Act XXIV of 1997. Section 22.]-(a)[ [accept] [Clause (a) substituted by Act XL of 1962.] from any person against whom a reasonable suspicion exists, [that he has committed any forest offence involving damage not exceeding [five thousand rupees] [Substituted by Act V of 1980, Section 9.] other than an offence specified in section 35 or section 43 a sum of money by way of composition for the offence], which such person is suspected to have committed :Provided that the sum of money accepted by way of composition shall [in no case be less than double the amount involved in the loss caused by such offence, and] [Substituted by Act V of 1980, Section 9.](b)when any property has been seized as liable to confiscation, [release] [Substituted by Act XXIV of 1997, Section 22.] the same on payment of the value thereof as estimated by such officer.(2)On the payment of such sum of money, or such value or both, as the case may be, to such officer, the suspected person if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property.[x x x] [Sub-section 3 deleted by Act XL of 1962.][39. Presumption that the possession of forest produce is illicit. - When in any proceedings taken under this act or in consequence of anything done under this Act a question arises as to whether the possession of any forest produce of a person is illicit or not such possession shall be presumed to be illicit until contrary [is proved by the accused.] [Substituted by Act V of 1980, Section 9.][39A. Double penalties for offences. - The penalties which are double of those mentioned under the provisions of this act or rules framed thereunder shall be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence.] [Inserted by Act XXIV of 1997, Section 24.]
