Section 26 in The Jammu and Kashmir Forest Act, 1987 (1930 A.D.)
26. [ Seizure of property liable to confiscation. [Substituted by Act XXIV of 1997, Section 7.]
(1)When there is a reason to believe that a forest offence has been committed in respect of any forest produce, such produce together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence may be seized by any Forest Officer or Police Officer.(2)Any 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 before an officer not below the rank of the Divisional Forest Officer (hereinafter referred to as 'authorised officer'):Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of the 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.(3)Subject to sub-section (5), where the authorized officer upon receipt of report about seizure, 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, carts, equipment, ropes, chains, machines, vehicles or any other articles used in committing such offence. Copy of the order of confiscation shall be forwarded without any undue delay to the person from whom the property is seized and to the Conservator of Forest Circle in which the timber or 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 in writing about the proceedings for confiscation of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made but no order to be passed ;(b)issue a notice in writing to the person from whom the property is seized and to any other person who may appear to the authorised officer to have some interest in such property ;(c)gives to the officer effecting the seizure and the person or persons to whom notice issued under clause (b) a hearing on date to be fixed for such purpose.(5)No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles or any other article (other than timber or 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 such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any 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 the use of objects aforesaid or commission of forest offence.(6)Where the cattle are involved in the commission of a forest offence, the same after seizure by any officer, as the case may be, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce the same when required in case there is no cattle pound within a radius of five kilometers from the place of such offence :Provided that notwithstanding anything contained in section 30, in case of unclaimed cattle a Forest Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction. The provisions of the Cattle Trespass Act, Samvat 1977, shall apply in respect of the charges to be levied for the upkeep and fee of the cattle.][26A. Power of search and seizure. - Any Forest Officer [not below the rank of [Range Officer] [Section 26-A inserted by Act XVII of 1971, Section 4.] having reasonable grounds to believe that forest produce is, in contravention of the provisions of this Act], in the possession of a person in any place, may enter such place with the object of carrying out a search for the forest produce and its confiscation :Provided that such search shall not be conducted otherwise than in accordance with the provisions of the Code of Criminal Procedure.]
