Section 38 in Telangana Water, Land and Trees Act, 2002
38. Seizure of property liable of confiscation.
(1)Where there is reason to believe that an offence has been committed in contravention of the provisions of this Act, any instrument, machinery or any other device, vehicles or other conveyance or any other moveable property used or involved in committing any such offence may be seized by an officer as authorised by the Government in this behalf and without any unreasonable delay either produce the property seized before the designated officer or any other officer authorised by the Government in this behalf by notification (hereinafter referred to as the authorised officer) or make a report of such seizure and produce the seizures before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made except where the offender agrees in writing forthwith to get the offence compounded under section 37 of the Act. Where the property seized is such that it cannot be conveniently transported to the court or authorised officer as the case may be, give custody thereof to any person on his executing a bond undertaking to produce the property before the Court or authorised officer as and when required and to give effect to the further orders of the Court or authorised officer, as the case may be, as to the disposal of the same:Provided that where the property with respect to which such offence is believed to have been committed is the property of the Central or State Government or local bodies 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 designated officer or any other officer as notified by the Government.(2)Where an authorised officer seizes under subsection (1) any instrument, machinery or any other devices, vehicles or other conveyance or any other moveable property or where any instrument, machinery or any other devices, vehicles or other conveyance or any other moveable property is produced before him under subsection (1) and he is satisfied that an offence has been committed under this Act, in respect thereof, he may order confiscation of any instrument, machinery or any other devices, vehicles or other conveyance or any other moveable property so seized or produced.(3)No order of confiscating any property shall be made under sub-section (2), 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.(4)Without prejudice to the provisions of sub-section (3), no order of confiscation under sub-section (2) of any instrument, machinery or any other devices, vehicles or other conveyance or any other moveable property 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 incharge of such instrument, machinery or any other devices, vehicles or other conveyance or any other moveable property in committing the offence and that each of them had taken all reasonable and necessary precautions against such use.(5)Any person aggrieved by an order passed under sub-section (2) 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.(6)Where the offence is compounded under section 37, the property seized shall be released to the person entitled to the possession thereof.(7)Where the offender is convicted, the property seized shall be ordered to be confiscated except where the owner thereof proves to the satisfaction of the court 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 property in committing the offence and that each of them had taken all reasonable and necessary precautions against such use.(8)Except in so far as expressly provided in this section, the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). shall mutatis mutandis apply to the seizure and disposal of such property.
