Supreme Court of India
Princl. Chief Conservator of Forest & Anr. v. J.K. Johnson & Ors.
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What the Court ordered
In view of the above, the order passed by the Conservator of Forests, Nizamabad for forfeiture of the vehicle and two rifles to the state government is de hors the provisions of the 1972 Act and unsustainable.
Judgment, page 29
From the headnote
WILD LIFE (PROTECTION) ACT, 1972: c Object of its enactment - Discussed. s.54(1) - Power of specified officer to order forfeiture of seized items - Held: specified officer empowered u/s.54(1) of the Act as amended by the Wild Life (Protection) Amendment Act, 2002 (Act 16 of 2003) to compound offences, has no power, competence or authority to order forfeiture of the seized items on composition of the offence by a person who is suspected to have committed offence against the Act - Wild Life (Protection) Amendment Act, 2002 (Act 16 of 2003). s.39(1)(d) - Applicability of- Held: Is applicable if
Authorities it was built on
- 2010 Md. Shahabuddin v. State of Bihar & Ors.
- 2005 Prakash Kumar @ Prakash Bhutto v. State of Gujarat
- 2010 M/s. Mandvi Co-op Bank Ltd. v. Nimesh B. Thakore
- 2008 State of M.P. and Ors. v. Madhukar Rao
- 1973 A.C. Sharma v. Delhi Administration
- 1966 Biswabahan Das v. Gopen Chandra Hazarika & Ors.
- 2001 State of Maharashtra v. Marwanjee F. Desai and Ors.
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