STATE OF KARNATAKA versus K.A. KUNCHINDAMMED

STATE OF KARNATAKA versus K.A. KUNCHINDAMMED

The term 'sandalwood' as defined in section 2(18) of the Karnataka Forest Act includes 'sandalwood oil', thus granting the Authorised Officer exclusive power for interim release and confiscation under sections 71-A, 71-C, 71-D, and 71-G, barring Magistrate's jurisdiction; the High Court erred in holding otherwise.

Parties
Appellant: State of Karnataka; Respondent: K.A. Kunchindammed
Jurisdiction
India
Judgment Date
16 April 2002
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Karnataka High Court Order Dated 7.12.2000 in Criminal Petition No. 3670 of 2000
Outcome
Appeal allowed
Legal Topics
Interim Custody of Seized Property, Power of Confiscation, Jurisdiction Under Karnataka Forest Act
Criminal Law Forest Law Interim Custody of Seized Property Power of Confiscation Jurisdiction Under Karnataka Forest Act

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Parties

State of Karnataka

Appellant

K.A. Kunchindammed

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Karnataka High Court Order Dated 7.12.2000 in Criminal Petition No. 3670 of 2000

Legal Issues

  1. 1 Which authority has the power to pass order for interim release of forest produce seized under Karnataka Forest Act, 1963: Authorised Officer under the Act or Magistrate under the Criminal Procedure Code?
  2. 2 Whether sandalwood oil falls within the purview of 'sandalwood' for purposes of confiscation and interim custody under relevant sections of the Act?

Ratio Decidendi

The term 'sandalwood' as defined in section 2(18) of the Karnataka Forest Act includes 'sandalwood oil', thus granting the Authorised Officer exclusive power for interim release and confiscation under sections 71-A, 71-C, 71-D, and 71-G, barring Magistrate's jurisdiction; the High Court erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • The Karnataka High Court order dated 7.12.2000 in Criminal Petition No. 3670 of 2000 is set aside.