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of <h1>Supreme Court Upholds Simultaneous Confiscation and Prosecution</h1> The Supreme Court allowed the appeal, setting aside the High Court's order staying the confiscation proceedings under the Andhra Pradesh Forest Act, 1967. ... - Issues Involved:1. Whether the High Court could stay the confiscation proceedings under s. 482 of the Code of Criminal Procedure, 1973.2. Whether simultaneous proceedings for confiscation and criminal prosecution can occur under the Andhra Pradesh Forest Act, 1967.3. Interpretation of sections 44(2), 44(2A), and 45 of the Andhra Pradesh Forest Act, 1967.Summary:Issue 1: High Court's Power to Stay Confiscation ProceedingsThe appeal questioned whether the High Court could stay the proceedings for confiscation of illicitly felled teak timber trees seized from the respondents under s. 482 of the Code of Criminal Procedure, 1973. The respondents had filed an application for stay of proceedings before the Authorized Officer under s. 44(2A) of the Andhra Pradesh Forest Act, 1967, pending the disposal of the criminal case. The High Court had directed the stay of confiscation proceedings, which the State challenged.Issue 2: Simultaneous Proceedings for Confiscation and Criminal ProsecutionThe Court examined whether there could be simultaneous proceedings for confiscation by the Authorized Officer under s. 44(2A) and a criminal case before a Magistrate for the commission of a forest offence under s. 20 of the Act. The Court concluded that the Act, as amended by Act 17 of 1976, contemplates two separate proceedings before two different forums: one for confiscation by a departmental authority and the other for the trial of the accused. The power of confiscation conferred on the Authorized Officer under s. 44(2A) is distinct from the power of the Magistrate under s. 45, and there is no conflict of jurisdiction.Issue 3: Interpretation of Sections 44(2), 44(2A), and 45 of the Andhra Pradesh Forest Act, 1967The Court analyzed the statutory changes brought by Act 17 of 1976, which empowered forest officers to confiscate seized timber or forest produce and the implements used in committing forest offences. The Act provided for two separate proceedings: one for confiscation under s. 44(2A) by the Authorized Officer and another for trial and possible confiscation under s. 45 by a Magistrate. The Court emphasized that the power of the Authorized Officer to confiscate is not dependent on the outcome of the criminal trial.Conclusion:The Supreme Court allowed the appeal, setting aside the High Court's order that stayed the confiscation proceedings. The Authorized Officer was directed to proceed with the inquiry for confiscation of the seized timber in accordance with the law. The Court affirmed that the Act provides for two separate and distinct proceedings, and there is no overlapping of jurisdictions between the Authorized Officer and the Magistrate.
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