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.