Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2003

Supreme Court of India · 2003-08-25

The State Of Bihar & Anr.,Kedar Sao & ... vs The State Of Bihar & Ors

Court
Supreme Court of India
Petitioner
The State Of Bihar & Anr.,Kedar Sao & ...
Respondent
The State Of Bihar & Ors
Author
D. Raju
Bench
Doraiswamy Raju, H. K. Sema

Judgment text excerpt

The Supreme Court held that the Divisional Forest Officer lacked jurisdiction to order the confiscation of vehicles under Section 52 of the Bihar Amendment Act, 1990, as the power to do so rested with the competent court, following the Patna High Court's ruling that the Bihar Forest Produce (Regulation of Trade) Act, 1984 governed the matter. The Court upheld the High Court's decision that the provisions of the Indian Forest Act, 1927 were excluded, thus affirming the need for judicial oversight in confiscation matters. Consequently, the appeals by the State of Bihar and the Divisional Forest Officer were dismissed, reinforcing the principle of jurisdictional authority in confiscation proceedings.

The State Of Bihar & Anr.,Kedar Sao & ... vs The State Of Bihar & Ors · Niyam