Special statute prevails over general criminal procedure on release of vehicles seized in forest offence matters

The general provisions of the Code of Criminal Procedure on interim custody and disposal of seized property yield to the Orissa Forest Act where that special statute contains a complete scheme for seizure, interim release, confiscation, appeal, revision, and disposal of vehicles and forest produce involved in forest offences. Because the Forest Act specifically regulates these matters and no express provision preserves the Magistrate's concurrent jurisdiction, the Code cannot be invoked to release a truck seized in connection with a forest offence. The Magistrate therefore lacked jurisdiction to order release, and the refusal to release the vehicle was upheld.

---

---

Issues: Whether the Magistrate had jurisdiction under the Code of Criminal Procedure to release a truck seized in connection with a forest offence when the Orissa Forest Act contains special provisions for seizure, interim custody, confiscation, appeal, and disposal of the property.

Analysis: The provisions dealing with seizure and disposal of property under the Code are general provisions governing interim custody, post-trial disposal, and certain cases where the seized property is not produced before the court. The Orissa Forest Act, however, contains a detailed and self-contained scheme covering seizure of forest produce and vehicles used in forest offences, interim release, confiscation by the authorised officer, revision, appeal to the District Judge, disposal after trial, procedure where the offender is unknown, and disposal of perishable property. In the absence of any express provision preserving the criminal court's jurisdiction, the special statutory scheme was treated as excluding the general powers under the Code to the extent of the matters specifically provided for by the Forest Act.

Conclusion: The Magistrate had no jurisdiction to release the seized truck under the Code of Criminal Procedure, and the order rejecting release was upheld.

---