...authorised officer, upon production before him of property seized or upon receipt of a report about seizure, as the case may be, is satisfied that a forest offence has been committed in respect thereof, he may order in writing, for reasons to be recorded, the confiscation of....6.4. The bar on jurisdiction under Section 52-C only applies after intimation under Section 52(4) is given. Since the authorised officer cannot pass an order of confiscation, the jurisdiction for trial of a criminal offence and the power to deal with the property involved...deals with penalties and procedure. In relation to Madhya Pradesh, Section 52 was substituted by M.P. Act 25 of 1983 and is in the following terms:“52. Seizure of property liable to confiscation and...

...note of Section 52 of the Act and the State amendment by the Bihar Act:“52. Seizure of property liable to confiscation.—(1) When there is reason to believe that a..., when the forest produce with respect to which such offence is believed to have been committed is the property of Government, 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.”Section 52 as amended by the Bihar Act“52. Seizure and its procedure for the property liable for confiscation.—(1...—(a) sends an intimation about initiation of proceedings for confiscation of property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made...

...cannot be faulted with.5. Indisputably, confiscation of goods and the vehicles and vessels carrying the same amounts to deprivation of property. Confiscation of an essential...passing an order of confiscation of property.8. Unfortunately, this aspect of the matter has not been considered by any of the authorities and the courts. The High Court observed...Chand Sahu. It was allegedly carrying wheat belonging to Food Corporation of India. A confiscation proceeding was initiated. An order of confiscation was passed by the Deputy Commissioner, Sahibganj. An...

...decision of Forest Department as forest authorities are carrying on the proceedings of confiscation and learned JMFC has no authority to confiscate the property in question. He submits that learned JMFC...could only try the offence but cannot direct confiscation of property. The procedure of confiscation has been prescribed in Section 15 of MP Vanopaj (Vyapar Vinimay) Adhiniyam, 1969...confiscation passed by JMFC, petitioner Prembai has filed Criminal Appeal No. 87/11 and petitioner Nandkishore has filed Criminal Appeal No. 86/11 which have been dismissed by 2 Addl. Sessions Judge, Sehore and confiscation of property was...

...Adhiniyam-15. Search and seizure of property liable to confiscation and procedure thereof - (1) Any Forest Officer as may be notified by the State Government or any Police...value of such property, as estimated by such officer, of the production of the property so released, when so required, before the officer authorized order the confiscation or the Magistrate having...order of confiscation shall be forwarded without any undue delay to the 1[Officer-in-charge of Forest Circle] in which the specified forest produce has been seized.(5) No order confiscating any property shall...

...source of legislative power, but such power of the State Legislature being traceable only to Schedule VII List III Entry 42 to the Constitution viz. “Acquisition and requisitioning of property”, which topic excludes expropriation and confiscation of...property?5. If Article 300-A of the Constitution is construed as providing for deprivation of property without any compensation at all, or illusory compensation, and hence providing for expropriation and confiscation of...the possession over the property in question. IA No. 3 is disposed of accordingly.CAs Nos. 6520, 6521-37 and 6538 of 20034. After hearing the...

...the deed of relinquishment as a fictitious document to avoid confiscation of property is also correct.7. For these reasons the appeal is dismissed with costs....deed certain property belonging to the family was sold. It was stated therein that the vendors which would include Reoti Saran were owners in possession of the property. The other feature to which...Reoti Saran and his sons were jointly owners of the ancestral property.6. It was contended by the appellant that the evidence of Sri Chand and Lakshmi Chand should have...

...-laundering, attachment and confiscation of property involved in money-laundering, whereas all other matters with which the ED officers are involved, are only incidental matters. Therefore, as...are primarily concerned with the prevention of money-laundering and for confiscation of property derived from or involved in money-laundering.179. Reliance has been...prevention of money-laundering and confiscation of property derived from or involved in money-laundering.187. Further, the PMLA does not contain any provision which invest the...

...of opinion that the order for confiscation is erroneous.An order for confiscation of property can be made under certain sections of the Indian Penal Code. Sec. 62 of...convicted and imprisoned for one year only and sec. 62, therefore, has no application. Confiscation of property may be ordered when a conviction takes place either under sec. 121 or sec. 122 of the...order of the 24th July for confiscation might be suspended on the grounds that the press belonged to him and not to Bhupendra Nath Dutt and that it was not used for the publication of the Jugantar of the...

...the proceedings of confiscation and learned JMFC has no authority to confiscate the property in question. He 2 submits...that learned JMFC could only try the offence but cannot direct confiscation of property. The procedure of confiscation has been prescribed in Section 15 of MP Vanopaj (Vyapar Vinimay) Adhiniyam, 1969...if order of confiscation is there, then appeal could lie before Conservator of Forest and further revision before the Sessions Court. Against judgment of confiscation passed by JMFC, petitioner Prembai has filed Criminal Appeal No.87/11 and petitioner Nandkishore has filed Criminal Appeal No.86/11 which have been dismissed by 2ndAddl.Sessions Judge, Sehore and confiscation of property was...

...Clause (a) of sub-Section (3) of Section 47-A about the initiation of the proceedings for confiscation of seized property. Sections 452, 457 of the Code of Criminal...Procedure are as under:— Section 452 : Order for disposal of property at conclusion of trial. (1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or...for final disposal of property. Final disposal of property includes destruction of property, confiscation of property or delivery of property to any person entitled possession thereof. Magistrate has...

...property in respect of which an offence appears to have been committed under Section 7. Therefore, either the Collector can order the confiscation and yet Section 6-D permits infliction of any...punishment in terms of money should be equivalent of a stiff and deterrent multiple of the improper profit the offender is likely or intends to make by the breach. Confiscation of property is penal in...should not be cancelled, the security deposit may not be forfeited and the seized foodgrains may not be confiscated. Ultimately the licensing authority directed confiscation of the seized foodgrains...

...also held that confiscation as imposed by the Adjudicating Authority would not amount to any punishment, and is only a deprivation of the property of the person in question...the adjudication proceedings are also not in the nature of prosecution, and hence cannot be restricted by Article 20.iii. That acquisition of property without paying compensation amounts to confiscation, and...:5. Property held benami liable to confiscation.—Any property, which is subject matter of benami transaction, shall be liable to be confiscated by the Central Government...

...dismissed by him. The learned government advocate appearing for the respondent refuted the above contention of the learned counsel by stating that the confiscation of property was done by the...the petitioner was aggrieved against the confiscation of the property, he can only seek the relief of the same by way of an appeal under s. 454, cr. P. C, and in the present case the order of...that he was not aware of the order passed by the learned magistrate under s. 258, cr. P. C on 7 - 6 - 1996 and the petitioner was not aware of the confiscation of the two wheeler on the said date. The confiscation of the property by...

...law and in that view of the matter there does not exist any order of confiscation at present.Statutory provisions12. Section 2(3) of the Act reads thus:“2. (3) ‘forest offence’ means an offence punishable under this Act or under any rule made thereunder;”13. Sub-section (2) of Section 52 of the Act provides as under:“52. (2) Every officer seizing any property under...of the Act reads as under:“55. Forest produce, tools etc. when liable to confiscation.—(1) All timber or forest produce which is not the property of Government and in respect of which a forest offence has been committed, and all tools, boats, carts and cattle used in committing any forest offence, shall be liable to confiscation.(2...prosecution has been instituted for the commission of such offence or not, he may direct confiscation of the property together with all tools, ropes, chains, boats, vehicles and cattle used in committing...

...the part of the authorised officer to issue notice to the person from whom the property sought to be confiscated has been seized, before ordering confiscation, is unsustainable. According to the learned...been committed in respect of or by means of the property sought to be confiscated before ordering confiscation, and notice to the person from whom the property has been seized is therefore necessary...materials on record do not prima facie disclose the offences alleged against the accused which is a mandatory prerequisite for ordering confiscation of the property seized from them. Alternatively, it...

...point, the learned counsel submitted that Section 140A(3) of the Act, in the guise of a provision for enforcement of payment of tax, authorises the confiscation of property, that the provision is not...quasi-criminal liability and that any penalty imposed for not discharging that civil liability amounts to confiscation of the property. 5. The relevant portions of the section read...could not attract any confiscation of property. Any provision enabling confiscation for failure to discharge that liability in time will be unreasonable and infringe Article 19(1)(f...

.... The Preamble to the Prevention of Money-Laundering Act, 2002 states that “An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money...implications”, PMLA contains Sections 55 to 61 dealing with reciprocal arrangement for assistance in certain matters and procedure for attachment and confiscation of property between the contracting...proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under Chapter III, he may, by order in writing, provisionally attach such property for...

.... The tax being illegal the levy amounts to a confiscation of the property of the petitioner. It will thus be seen that the imposition of the duty is first challenged Art. 14 as a discrimination, next...it is challenged under Article 19 as a deprivation of the right to acquire, hold and dispose of property or to carry on a business or trade and lastly the collection'of duty is characterised as a confiscation of...property without the authority of law under Art. 31. The argument suffers from a fundamental fallacy in that it assumes that there can be no classification...