1996 (8) TMI 529

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....mboo mat, has reversed the order being of the view that the product confiscated was "forest-produce". The owner of the bamboo mat has approached this Court by filing this appeal. 2. "Forest-produce" has been defined in The Indian Forest Act, 1927 (hereinafter referred to as "the Act") as below: "2(4) "forest-produce" includes :- (a) the following she their found in, or brought from, a forest or not, that is to say timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, and (b) the following when found in, or brought from a forest, that is to say - (i) trees and leaves, flowers and fruits, and all other parts or prod....

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....R 1987 Gujarat 9. 4. Shri Bhatia, appearing for the appellant, who was duly assisted by Ms. Verma, submitted that the High Court erred in holding that a product like bamboo mat would be forest- produce by relying on the definition of "timber" because that definition is in two parts and the second part which speaks of "all wood ......fashioned....... or not" has no application so far trees are concerned, which have been dealt in the first part of the definition. It has also been urged that bamboo mat being a separate commercial product what was stated by the Gujarat High Court in Fatesang's case merits our acceptance. 5. Shri Dholakia, who was duly assisted by Shri Jadhav, however, contends that if bamboo mat is hel....

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....ce when the definition of forest-produce is read in its entirety which would show that the definition either includes nature's gifts like charcoal, mahua flowers or minerals. Wild animals of which sub-clause (iii) speaks of is also a God's gift and not man-made. Wherever the legislature wanted to include article produced with the aid of human labour, it has said so specifically as would appear from sub-clause (iv), as it speaks, apart from minerals etc. of "all products of mines or quarries". 7. The legislature having defined "forest-produce", it is not permissible to us to read in the definition something which is not there. We are conscious of the fact that forest wealth is required to be preserved; but, it is....