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Citation Codes
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Case Number
Attorney(S)
  • For the Appellant: A.N. Farooq, Basavalingappa, Advocates.
Judges
  • Range Gowda, J.
Acts
  • sub-sec. (1) of S. 62 of the Karnataka Forest Act, 1963 (hereinafter called the Act),
  • S. 379 IPC r/w S. 86 of the Karnataka Forest Act. Though S. 71(A)
  • provisions of Ss. 71(A) to 71(F) of the Forest Act.
  • S. 71(A) of the Forest Act
  • Amendment) Act 1976),
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • For the Appellant: A.N. Farooq, Basavalingappa, Advocates.
Judges
  • Range Gowda, J.
Acts
  • sub-sec. (1) of S. 62 of the Karnataka Forest Act, 1963 (hereinafter called the Act),
  • S. 379 IPC r/w S. 86 of the Karnataka Forest Act. Though S. 71(A)
  • provisions of Ss. 71(A) to 71(F) of the Forest Act.
  • S. 71(A) of the Forest Act
  • Amendment) Act 1976),
See more information ...
Smart Summary

Structured Summary of the Court Opinion

Factual and Procedural Background

The respondent, B.G. Shivananda, was the registered owner of an Ambassador car bearing registration No. MYQ 8646. On 4-5-1977 at about 3 A.M., the Thyamagondlu Police seized the car, purportedly under sub‑section (1) of Section 62 of the Karnataka Forest Act, 1963, on the ground that it was being used to commit offences under Section 379 IPC read with Section 86 of the Act. The seizure was registered as Crime No. 26/77 and reported to the Chief Judicial Magistrate, Bangalore District.

On 10-5-1977 the respondent filed an application under Section 451 of the Code of Criminal Procedure, 1973 before the Magistrate seeking release of the car and that it be handed over to him. The public prosecutor (APP) resisted the application, arguing that the Magistrate lacked jurisdiction in view of Section 71A of the Karnataka Forest Act (inserted by the Karnataka Forest (Second Amendment) Act, 1976), which, the APP contended, vested power regarding confiscation and interim custody in an authorised Forest Officer.

The learned Magistrate rejected the state's contention, held that Sections 71A–71F did not oust the Magistrate's jurisdiction to grant interim custody, and allowed the respondent's application by order dated 24-9-1977, subject to conditions (an indemnity bond of Rs. 25,000 with one surety in like sum and restrictions on altering or disposing of the car and obligations to produce it when required).

The State challenged the legality of that Magistrate's order in the petition that is the subject of this opinion.

Legal Issues Presented

  1. Whether, in view of Section 71A of the Karnataka Forest Act (as inserted by the 1976 amendment), the Magistrate is deprived of jurisdiction to make interim custody orders concerning property seized under Section 62 of the Act (i.e., whether Section 71A overrides or ousts the general power under Section 451 of the Code of Criminal Procedure).
  2. Whether an order under Section 451 Cr.P.C. granting interim custody of a vehicle seized under Section 62 of the Forest Act is permissible, notwithstanding the separate confiscation power conferred upon an authorised Forest Officer by Section 71A.

Arguments of the Parties

State / Public Prosecutor (Appellant)

  • The Magistrate had no jurisdiction to grant the relief sought under Section 451 Cr.P.C. because Section 71A of the Karnataka Forest Act (inserted by the 1976 amendment) assigns the power of confiscation of property seized under Section 62 to an authorised officer and, according to the State, that provision displaces the Magistrate's power to make interim custody or disposal orders.
  • By virtue of Section 71A the authorised officer is the proper authority to make orders regarding vehicles used in committing forest offences, and therefore interim custody should be regulated under that provision rather than by the criminal court.

Respondent (B.G. Shivananda)

  • The respondent filed an application under Section 451 Cr.P.C. requesting release of and handover of the seized car to him. (The opinion does not set out further detailed legal arguments advanced by the respondent beyond the relief sought.)

Table of Precedents Cited

No legal case precedents are cited in the provided opinion.

Court's Reasoning and Analysis

The court's analysis proceeds by close textual reading and comparison of the relevant provisions of the Karnataka Forest Act (Sections 62, 63, 64, 65, 66 and 71A) together with the general powers available under the Code of Criminal Procedure.

  1. The court first sets out the statutory scheme:
    • Section 62 authorises seizure by Forest Officers or Police Officers of forest produce and of tools, boats, vehicles or cattle used in committing forest offences, and requires the officer making the seizure to report it to the Magistrate relevant to the offence.
    • Section 63 empowers a Forest Officer (of rank not inferior to Forest Ranger) who or whose subordinate has made a seizure under Section 62 to release the seized property upon the owner's execution of a bond for production before the Magistrate when required.
    • There is no corresponding provision in Section 62 or elsewhere that empowers a Police Officer who seizes property under Section 62 to release the property on similar terms; the Police Officer is required only to report the seizure to the Magistrate.
    • Section 64 requires the Magistrate, upon receiving a report under Section 62(3), to take such measures as may be necessary for arrest and trial of the offender and for the disposal of the property "according to law."
    • Sections 65 and 66 deal with forfeiture and disposal of forest produce and property used in the commission of forest offences, with Section 65 providing for forfeiture by order of the convicting court and Section 66 prescribing that, on conclusion of trial, forest produce or forfeited property be taken charge of by a Forest Officer or disposed of as the Court directs.
    • Section 71A (as inserted) provides that where specified forest produce (timber, sandalwood, ivory, firewood and charcoal) which is property of the State is seized under Section 62, the officer making the seizure must produce it before an authorised officer (not below rank of Assistant Conservator of Forests), and subsection (2) empowers that authorised officer to order confiscation of such property and associated implements, whether or not a prosecution is instituted.
  2. The court then addresses the central contention that Section 71A ousts the Magistrate's jurisdiction to make interim custody orders. The court reasons:
    • Section 63 specifically empowers certain Forest Officers to release seized property on the execution of a bond; there is no equivalent power given to a Police Officer who seizes under Section 62.
    • On receipt of a report of seizure by the Police, Section 64 directs the Magistrate to take measures for arrest, trial and "the disposal of the property according to law." The court interprets the phrase "disposal according to law" in the context of the Act to refer to the procedures of the Code of Criminal Procedure (i.e., the statutory framework governing interim orders and disposal in criminal proceedings), noting that the Act does not define "disposal."
    • The court invokes the dictionary meaning of "disposal" (as cited from The Concise Oxford Dictionary) to show the term is broad and can encompass interim custody arrangements — that is, temporary measures dealing with management, control or placement of the seized property until final determination.
    • Given this scheme, the court concludes that the mere conferral of confiscation power upon an authorised officer by Section 71A does not, by itself, take away or curtail the Magistrate's existing power under Section 451 Cr.P.C. to grant interim custody of property seized under Section 62, subject to the other applicable statutory provisions (notably Sections 63 and 66).
  3. Applying that legal construction to the facts, the Magistrate was entitled to entertain the respondent's application under Section 451 Cr.P.C. and to grant interim custody of the vehicle on appropriate conditions designed to protect the State's interest. The impugned order, which required an indemnity bond, surety and imposed restrictions on altering or disposing of the car and obligations to produce it when required, fell within the scope of such permissible interim relief.

Holding and Implications

Holding: The impugned order of the Magistrate is affirmed and the petition by the State is dismissed. In the court's words: "In the result, the impugned order is affirmed and this petition is dismissed."

Implications and Consequences:

  • The immediate consequence is that the Magistrate's order dated 24-9-1977 granting interim custody of the car MYQ 8646 to B.G. Shivananda, subject to conditions (execution of an indemnity bond for Rs. 25,000 with one surety in like sum; prohibition on changing colour or structure of the car until disposal of the case; obligation to produce the car before police and Court when called upon; prohibition on disposing of the car until disposal of the case), stands confirmed.
  • The court's decision explains that Section 71A's grant of confiscation power to an authorised Forest Officer does not automatically oust or curtail the Magistrate's power under Section 451 Cr.P.C. to make interim custody orders in respect of property seized under Section 62, subject to the constraints and interplay of Sections 63 and 66 of the Act.
  • The opinion does not elaborate broader doctrinal consequences beyond its statutory interpretation and the specific result in this case; the direct effect is limited to affirming the Magistrate's jurisdiction to grant the interim custody order in the circumstances presented.

This summary is based exclusively on the content of the provided opinion and does not add or infer material beyond what the opinion states.

Show full summary ...

    State Of Karnataka v. Shivananda B.G

    1. The respondent herein B.G Shivananda is said to be the registered owner of an Ambassador Car bearing No. MYQ 8646. On 4-5-1977 at about 3 A.M, Thyamagondlu Police seized the said car presumably acting under sub-sec. (1) of S. 62 of the Karnataka Forest Act, 1963 (hereinafter called the Act), on the ground that it was being used for committing offences under Sec. 379 IPC read with Sec. 86 of the Act, and registered a case in Crime No. 26/77 and reported the fact of seizure to the Chief Judicial Magistrate, Bangalore Dist, presumably acting under sub-sec. (3) of S. 62 of the Act.

    2. Thereupon the respondent on 10-5-1977 filed an application under Sec. 451 of the Crl. PC 1973, before the said Magistrate requesting him to release the car and hand it over to him. The APP however resisted that application and inter alia contended that the Magistrate has no jurisdiction to make the order sought for and that in view of the provisions of S. 71A of the Act (inserted by the Karnataka Forest (Second Amendment) Act 1976), it is the authorised officer referred to therein who can make an order of that kind; the argument submitted in support of that contention was that Section 71A of the Act empowers the authorised officer referred to therein to order confiscation of the property seized under S. 62(1) of the Act and therefore it is that authorised officer who can make an interim order regarding the custody of the car in question, and not the Magistrate. The learned Magistrate, however, repelled that contention and observed thus:

    “There is nothing in the provisions of S. 71(A) to S. 71(F) which have been added by virtue of the Karnataka Forest (Second Amendment) Act 1976, relates to the interim custody of vehicle seized by the Police. The offence alleged in this case is one punishable under S. 379 IPC r/w S. 86 of the Karnataka Forest Act. Though S. 71(A) gives the power of confiscation of the vehicle used in the commission of a forest offence to the officer authorised by the State Govt. under the provisions of S. 71(A), there is no provision found in the entire scheme of S. 71(A) to S. 71(F) by which interim custody of a vehicle seized by the police can be given or has to be given by such authorised officer and ousting the jurisdiction of a criminal Court. In my opinion, there is considerable force in the contention urged on the side of the petitioner that even though S. 71(A) of the Forest Act provides that the power to confiscate vests with the authorised officer appointed by the State Govt. the powers of this Court to grant interim custody of the vehicle seized by the Police vests with this Court and has not been lettered in any manner or ousted by any of the provisions of Ss. 71(A) to 71(F) of the Forest Act. I am of the opinion that there is no impediment to pass an order regarding the interim custody of the Vehicle seized, that is the car seized in this case, by this Court subject to certain conditions that have to be imposed to safeguard the interest of the State.”

    3. In the view he took he allowed the application of the respondent, by his order dt. 24-9-1977 the operative portion of which reads:

    “For the above reasons, I allow this application. The Car MYQ 8646 is given to the interim custody of the petitioner B.G Shivananda on condition that he shall execute an indemnity bond for a sum of Rs. 25,000 (Rupees Twenty-five thousand) with one surety in like sum and on further condition that he shall not change the colour or the structure of the car in any manner until the disposal of the case and shall produce the car before the police as well as before the Court whenever called upon and he shall not dispose of the said car till the disposal of the case”

    4. It is the legality of the said order that is assailed in this petition by the State.

    5. It was mainly contended that the provisions of S. 71A of the Act override the general provisions contained in S. 451 Crl. PC and hence the learned Magistrate was in error in making the impugned order exercising power under S. 451 Crl. PC. To appreciate the contention it is relevant to refer to Sections 62, 63, 64, 65, 66 and 71A of the Act and they read:

    “62. Seizure of property liable to confiscation—(1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, boats, vehicles or 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 is being used for the transport of forest produce in respect of which there is reason to believe 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 to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle.

    (3) Every Officer seizing any property under this section shall place on such property or the receptacle or vehicle (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 to the Magistrate having jurisdiction to ??? the offence on account of which the seizure has been made; Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of Govt. 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.

    63. Power to release property seized under S. 62—Any Forest Officer of a rank not inferior to that of a Forest Ranger who or whose subordinate has seized any tools, boats, vehicles or cattle under S. 62 may release the same on the execution by the owner thereof a bond for the production of the property so released if and when so required before the Magistrate having jurisdiction to try the offence on account of which the seizure had been made.

    64. Procedure on receipt by Magistrate of report of seizure— Upon the receipt of any report under sub-sec. (3) of S. 62, the Magistrate shall, with all convenient despatch take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.

    65. Forest produce, took, etc., when liable to forfeiture—(1) All timber or forest produce which is not the property of Govt. and in respect of which a forest offence has been committed and all tools, boats, vehicles and cattle used in committing any forest offence, shall be liable by order of the convicting Court to forfeiture to the State Government.

    (2) Such forfeiture may be in addition to any other punishment prescribed for such offence.

    66. Disposal, on conclusion of trial for Forest Offence, of produce in respect of which it was committed—When the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed shall, if it is the property of Govt. or has been forfeited, be taken charge of by a Forest Officer, and, in any other case, may be disposed of in such manner as the Court may direct.

    71A. Confiscation by Forest Officers in certain cases—(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, where a forest offence is believed to have been committed in respect of timber, sandalwood, ivory, firewood and charcoal which is the property of the State Govt. the Officer seizing the property under sub-sec. (1) of Sec. 62, shall, without any unreasonable delay produce it together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence before an Officer authorised by the State Govt. in this behalf by Notification in the Official Gazette, not being below the rank of an Assistant Conservator of Forests (hereinafter referred to as the authorised Officer).

    (2) Where an authorised officer seizes under sub-sec. (1) of S. 62 any timber, sandalwood, charcoal, firewood and ivory which is the property of the State Govt. or where any such property is produced before an authorised officer under sub-sec. (1) and he is satisfied that a forest offence has been committed in respect of such property, such authorised 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.”

    6. Sec. 63 of the Act empowers the Officer referred to therein to release any vehicle seized under S. 62 of the Act on the execution by the owner thereof a bond subject to the condition mentioned therein. But, there are no corresponding provisions empowering a Police Officer seizing any vehicle u/S. 62 to release it on such terms, and all that he is required to do is report the fact of seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. On receipt of the report, what the Magistrate is required to do is stated in S. 64 of the Act, and from the provisions of that section, it is clear that the Magistrate is with all convenient despatch required to take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law, and Sec. 65 declares that all timber or forest produce which is not the property of Govt. and in respect of which a forest offence has been committed and all tools, boats, vehicles and cattle used in committing any forest offence shall be liable by order of the convicting Court to forfeiture to the State Govt. and S. 66 prescribes that when the trial of any forest offence is concluded any forest produce in respect of which such offence has been committed shall if it is the property of Govt. or has been forfeited be taken charge of by a Forest Officer, and in any other case may be disposed of in such manner as the Court may direct Coming to S. 71A of the Act, there is no provision taking away or curtailing the power of a Magistrate to make an order regarding the disposal of the property seized under S. 62, subject of course to the provisions of Ss. 63 and 66. The mere fact that S. 71A confers power on the authorised officer referred to therein to make an order of confiscation does not take away the jurisdiction of the Magistrate to make an order under S. 451 Crl. PC. The words ‘disposal’ and ‘according to law’ occurring in S. 64 of the Act and the context in which they are used would have reference only to the provisions of the Crl. PC, and the word ‘disposal’ is not defined either in the Act or in the Code (Chapter XXXIV) and the dictionary meaning of that expression is ‘disposing of, getting rid of, settling, dealing with, bestowal, assignment, sale, control, management, placing, arrangement’ (vide The Concise Oxford Dictionary page 347) and it is wide enough to cover even an order for the interim custody of the property seized as was done in the case on hand. Therefore, the contention of the State that the learned Magistrate has no jurisdiction to make such an order under the provisions of the Code of Criminal Procedure must fail.

    7. In the result, the impugned order is affirmed and this petition is dismissed.

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    Comments

    State Of Karnataka v. Shivananda B.G
    (Nov 4, 1977)