Indian Kanoon - Search engine for Indian Law

10. Learned Counsel for the State on the other hand contended that Section 32 of the Trade Act bars the application of the Forest Act only with regard to specified forest produce in respect of matters for which the provisions have been made under the trade Act. Under the Trade Act there is no provision of confiscation by the Forest authorities and as such the proceeding for confiscation under the Forest Act is maintainable. It has also been contended that the Trade Act only regulates the trade and other related matter of the specified forest produce whereas the Forest Act contains a provisions relating to the Forest, Transit of forest produce and the duty leviable on timber and other forest produce. No provision has been made under the Trade Act with regard to all the matters covered by the Forest Act in respect of the specified forest produce. For example, a person may remove the forest produce as defined under the Forest Act which is also a specified forest produce under the Trade Act for the purposes other than the trade or transport the forest produce from a reserved area or protected area without transit permit in violation of the rules made under the Forest Act and in such a case the steps for prosecution as well as conviction may be taken against him under the provisions of the Forest Act for the simple reason that there is no provision under the Trade Act covering the aforesaid matters. The scope and ambit of operation of the Forest Act is wider than the Trade Act and there is no provision under the Trade Act covering all the matters covered by the Forest Act. This apart the act and omission may constitute an offence under both the Acts. In such case person may be prosecuted under both the Acts for the simple reason that all the matters cover by the Forest Act is not covered by the Trade Act.

27. Section 2(4) of the Trade Act defines forest produce which means any forest produce as specified in the schedule Katha is one of the specified forest produce in the schedule.

28. Provisions of Sections 1 & 5 of the Trade Act show that after issuance of notification under Sub-sections (3) & (4) of Section 1 with respect to any particular area and with regard to any particular forest produce no person other than the government and the officers of the State and an agent in respect of nay unit in which the specified forest produce is grown and found shall purchase or transport or import or export such specified forest produce in and from such area.

35. As stated above, the question in the present case is as to whether in view of the provisions of Section 32 of the Trade Act the provisions contained in Sections 52 to 52-D of the Forest Act with regard to confiscation is inapplicable with regard to the specified forest produce as defined under the Trade Act and the Vehicle used in carrying the specified forest produce.

36. From bare reading of Section 32 of the Trade Act it is clear that the provisions of Indian Forest Act shall not apply to the specified forest produce in respect of matter for which the provisions has been made under the Trade Act. So the first question for determination is whether there is any provision for confiscation by the forest authorities under the Trade Act. The answer is No. Prior to amendment of the provisions of the Forest Act by the Bihar Amendment Act there was no provisions for confiscation of the forest produce or receptacles by the forest officials. Under the trade Act also there is no provisions for confiscation by the forest authority. The only power of confiscation or forfeiture was vested in the Magistrate under the Forest Act as well as under the Trade Act at the time of imposing punishment. It is specifically stated in Section 55 of the Forest Act that the punishment of confiscation may be in addition to other punishment prescribed for such offence. Similar provision has been incorporated in Section 20 of the Trade Act.

39. Thus, it is clear that confiscation proceeding pending before the authorised forest officer is a separate proceeding and it has nothing to do with the criminal proceeding either under the Forest Act or under the Trade Act before the Magistrate.

40. There is no provision of confiscation of the specified forest produce and the vehicles etc. by the authority under the Trade Act as such the confiscation proceeding under the Forest Act as amended by Bihar Amendment Act with regard to forest produce which is also a specified forest product under the Trade Act as well as tools, vehicle etc. used for commission offence under both the Acts is maintainable and Section 32 of the Act is no bar. Thus, there is no difficulty in holding that in absence of any provision with regard to confiscation by the authority under the trade Act, the provisions with regard to confiscation under the Forest Act by the forest officer or authorised forest officer shall apply even with regard to forest produce which has been defined as specified forest produce Under the Trade Act as well as to vehicles etc. used in commission of offences. Section 32 of the Trade Act does not bar the initiation and continuance of confiscation proceeding under the Forest Act by the authorised officer with regard to specified forest produce as defined under the Trade Act as well as vehicles etc. used for transporting the same provided the specified forest produce is a forest produce under the Act and offences under the Forest Act have been committed.