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november 2001

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.

State Of West Bengal vs Gopal Sarkar · Niyam