SRINAGAR: A one day Training programme on ‘Confiscation Procedures’ for DFOs of UT of J&K was organized today at Kashmir Forest Training School Chatternar, Bandipora in which 91 officers attended from 57 locations across UT of J&K.
The programme started with a Special address by Riyaz Ahmad Malik, Principal Kashmir Forest Training School.
The Principal spoke in detail about the relevance of central Legislation in general and Confiscation procedures in particular which were inserted in Section 52 (52-A to 52-D) Seizure of property liable to confiscation and procedure there off in order to issue Reasonable and Proportionate confiscation order as per Article-298 and Article-301 (Miscellaneous Criminal Code).
He further talked about Article-298: Confiscation of property, equipment or other instrumentalities used in or destined for use in criminal offence. Article-299: Confiscation of proceeds of crime or of property of corresponding value. Article-300: Rights of Third Persons. Article-301: Subsequent Challenge of confiscation by Third Party.
He stressed on conditions to be fulfilled prior to confiscation and the need of organizing such a programme for Authorized Officers of UT of J&K.
During the technical sessions, Uttam Kumar Sharma, CCF M.P. Forest Department gave insights of Confiscations Provisions in IFA 1927 vis-à-vis J&K State Amendments, Court Judgments, Court observations, facts of the case and issues raised in infamous Supreme Court Judgments like DFO (AP) VS Sudhakar Rao, 31 October 1985, Kailash Chand VS State of MP, State of MP VS S. P. Sales Agencies and most importantly Smt Kallo Bai VS State Of MP, 2017 SC.
He emphasized on the position of Sec-52 amendments after the Supreme Court Judgment as Confiscation proceeding as a quasi judicial Proceeding as the burden of proof always lies on the owner.
During the next session, Trustee of Legal Initiative for Forest & Environment, New Delhi, Dr.Rakesh Kumar Singh, gave a detailed view on prevention and detection of offence, basic principles regarding cognizance of offence and basic precautions while acting on powers given.
He laid stress on preparation of memo, Spot panchnama, Procedure laid down in Sec. 41B and 46 of CrPC, Right of arrested person which are to be protected in accordance with Sec. 41D, 50 and 51A of CrPC , Search of arrested person and seizure of offensive weapons to be undertaken as per Sec. 51 and 52 of the CrPC, Medical examination of accused or arrested person must be undertaken in accordance with Sec. 53 or 54 of the CrPC respectively.
Lastly, he said Complaint case must be filed before a competent magistrate within the stipulated time frame as stipulated in Sec 468 of the CrPC.