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State of Tamilnadu - Section

Section 41 in Tamil Nadu Forest Act, 1882

41. Seizure of property liable to confiscation.

- [(1)] [Numbered by Tamil Nadu Forest (Amendment) Act, 1992 (Tamil Nadu Act 44 of 1992).] When there is reason to believe that a forest offence has been committed in respect of any timber or forest- produce, such timber or produce, together with all tools, ropes, chains, boats, [vehicles] [Substituted for the word 'carts' by section of the Tamil Nadu Forest (Amendment) Act, 1963 (Tamil Nadu Act VII of 1936).] and cattle used in committing any such offence, may be seized by any Forest Officer or Police Officer.
(2)[ Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been, or it being used for the transport of any scheduled timber in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in-charge of such vehicle to stop the vehicle and cause it remain stationery as long as may reasonably be necessary for examination of the contents in the vehicle and inspection of all records relating to the scheduled timber and in possession of such driver or other person in-charge of the vehicle or any other person in the vehicle:] [Inserted by Tamil Nadu Forest (Amendment) Act, 1992 (Tamil Nadu Act 44 of 1992).][xxx] [The words 'Report to Magistrate' was omitted Tamil Nadu Forest (Amendment) Act, 1992 (Tamil Nadu Act 44 of 1992).]
(3)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, as soon as may be, [make a report of such seizure, -
(a)where the offence on account of which the seizure has been made is in respect of the scheduled timber which is the property of the Government or in respect of which the Government have any interest, to the concerned authorised officer under section 49-A; and
(b)in other cases, to the [Magistrate] having jurisdiction to try the offence on account of which the seizure has been made:]
Provided that, when 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] [The words 'the Crown' was substituted for the word 'Government' by the Adaptation Order of 1937 and the words 'Central or State Government' were substituted for 'Crown' by the Adaptation (Amendment) Order of 1950.] 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.