Indian Kanoon - Search engine for Indian Law

(2) Where an authorized officer seizes under sub-section (1) of section 52 any timber, charcoal, firewood or ivory which is the property of the Government, or where any such property is produced before an authorized officer under sub-section (1) of this section and he is satisfied that a forest offence has been committed in respect of such property, such authorized officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence.b� It is clear that definition 2(f) was amended and the present provision was substituted by Act 23 of 1974. A perusal of the amended provision clearly shows exclusion of b�ivoryb� within the ambit of b�forest produceb�. Further, after the amendment of the expression b�forest produceb� under Section 2(f) of the Act consequent to the enactment of the Wild Life (Protection) Act, 1972 it could not be said that b�ivoryb� is a forest produce or that possession and transportation of b�ivoryb� without valid authority is an offence punishable under the Act or any rule made thereunder. Inasmuch as b�ivoryb� being not a b�forest produceb� as defined in Section 2(f) after the Amendment Act 23 of 1974, no forest offence as defined in Section 2(e) of the Act can be said to have been done in respect of the b�ivoryb� as alleged in the instant case and, therefore, the action taken under Section 61A of the Act cannot be supported.