Special forest confiscation scheme ousts Magistrate's jurisdiction over interim custody and release of sandalwood oil and vehicle.

The Karnataka Forest Act creates a special confiscation regime for sandalwood and, by definition, sandalwood oil is included within sandalwood for these provisions. Read with sections 62(3)(a), 71-A and 71-G, the Act vests exclusive power over seizure, confiscation and release of the forest produce and the vehicle in the Authorised Officer and bars ordinary court jurisdiction. Where confiscation has already been ordered and has attained finality, no question of interim custody by the Magistrate remains. The Magistrate therefore had no jurisdiction to order interim custody or release, and the High Court erred in directing the Magistrate to consider such a request.

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Issues: Whether the Magistrate had jurisdiction to order interim custody or release of forest produce and the vehicle seized for transportation of sandalwood oil, or whether such power vested exclusively in the Authorised Officer under the Karnataka Forest Act, 1963.

Analysis: The Act creates a special scheme for seizure, confiscation and release of specified forest produce and associated vehicles. Section 2(18) defines "sandalwood" broadly and includes sandalwood oil, so the reference to sandalwood in the confiscation and jurisdictional provisions covers sandalwood oil as well. Read with sections 62(3)(a), 71-A and 71-G, the Act confers exclusive power on the Authorised Officer in such matters and bars the jurisdiction of other courts and authorities. Once confiscation had also been ordered and attained finality, no question of interim custody by the Magistrate survived.

Conclusion: The Magistrate had no jurisdiction to pass an order for interim custody or release in the facts of the case; the power vested in the Authorised Officer, and the High Court erred in directing the Magistrate to consider the request.

Final Conclusion: The special confiscation regime under the Forest Act overrides the general criminal court jurisdiction in cases covered by the Act, and the concluded confiscation order leaves no scope for Magistrate-ordered interim custody.

Ratio Decidendi: Where a special statute vests confiscation and custody powers in a designated authorised officer and contains an express bar of jurisdiction, the general powers of the criminal court under the Code of Criminal Procedure yield to the special statutory scheme.

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