Forest offence seizure release requires strict safeguards; bank guarantee remains the minimum condition for interim return of vehicles.

Property seized for alleged use in a forest offence should not ordinarily be released while confiscation proceedings are pending, because the statutory scheme is designed to protect forests and forest produce through strict enforcement. Where interim release is granted only in exceptional circumstances, a bank guarantee is the minimum safeguard; substituting that protection with two solvent sureties was not justified. The High Court's modification of the release condition was therefore set aside, and the stricter approach to interim release in forest-offence cases was maintained.

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Issues: Whether a vehicle seized for alleged use in a forest offence should ordinarily be released during pendency of confiscation proceedings, and whether the High Court was justified in modifying the condition of release imposed by the Authorised Officer.

Analysis: The Act was enacted to preserve and protect forests and forest produce, and the statutory scheme relating to seizure, confiscation, and release of property used in a forest offence must be strictly implemented. Property alleged to have been used in committing a forest offence should not normally be returned pending completion of confiscatory proceedings. If release is ordered in exceptional circumstances, a bank guarantee is the minimum safeguard. A liberal approach in such matters is inconsistent with the object of the Act and may frustrate enforcement of forest protection measures.

Conclusion: The High Court was not justified in replacing the bank guarantee condition with two solvent sureties, and the order granting such modification was set aside.

Final Conclusion: The appeal succeeded and the order of the High Court was reversed, leaving the stricter approach to interim release of vehicles seized in forest-offence cases intact.

Ratio Decidendi: A vehicle seized for alleged involvement in a forest offence should not ordinarily be released pending confiscation proceedings, and if release is exceptionally granted, furnishing a bank guarantee is the minimum protective condition.

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