Supreme Court · 2001 INSC 566 · Decided 7 November 2001
State of West Bengal v. Gopal Sarkar
- Court
- Supreme Court of India
- Citation
- 2001 INSC 566 · [2001] SUPP. 5 S.C.R. 212
- Case number
- CRIMINAL APPEAL No. 1143/2001
- Decided
- 7 November 2001
- Bench
- D.P. MOHAPATRA, P. VENKATARAMA REDDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482, 402; Constitution Article 227, 482
Headnote
Forest Act, .1927 : S. 59-A(3)(as amended by West Bengal Amendment 1988)-Forest of- C fence-Confiscation of tools and implements used in committing offence-Logs of timber illegally felled and removed from forest area-Confiscation of alongwith tools and implements used in committing offence-Order 227 of Constitution and under s.482 Cr.P.C.-High Court setting aside the order relying upon its earlier decision wherein it was held that proceedings for D confiscation of machineries and/or saw mill, cannot be held valid in terms of s.59A(3) as saw mill cannot be treated as a property of State
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