Supreme Court of India · 2001-11-07
State Of West Bengal vs Gopal Sarkar
- Citation / case number
- AIR 2002 SUPREME COURT 221
- Court
- Supreme Court of India
- Petitioner
- State Of West Bengal
- Respondent
- Gopal Sarkar
- Bench
- D.P. Mohapatra, P. Venkatarama Reddi
Judgment text excerpt
The Supreme Court upheld the order of confiscation of timber and cutting tools under Section 59-A(3) of the Indian Forest Act, 1927 (West Bengal Amendment 1988), affirming the findings of the Authorized Officer regarding illegal felling and removal of forest produce without valid permission. The Court noted that the respondent failed to appeal the confiscation order as required by the Act, and thus the single judge's reliance on a prior case was misplaced. The Court clarified that the saw mill and tools used in the commission of the forest offence are subject to confiscation as they are deemed property of the State Government.