No Bar Under Forest Act Against Advocate Appearing Before Authorized Officer During Confiscation Proceedings: Madhya Pradesh High Court
The Madhya Pradesh High Court was considering a Writ Petition challenging confiscation proceedings and an order by which Petitioner was not allowed to engage an Advocate in the case.
The Madhya Pradesh High Court has held that there is no bar under Section 52 of the Indian Forest Act, 1927 against appearance of Advocates in confiscation proceedings before the authorized officer.
The Court was considering a Writ Petition challenging confiscation proceedings in a matter and challenging an order by which the Petitioner was not allowed to engage an Advocate in the case.
The Single Bench of Justice Vishal Dhagat observed, "In case of confiscation, authority takes evidence from Forest Department and from owner of vehicle involved in forest offence. Recording of statement, affidavits, documents filed before forest officer is evidence and therefore, as per Section 30 of Advocates Act, Advocates can appear in confiscation proceedings. There is no bar under Section 52 of Indian Forest Act, 1927 from appearance of Advocates in said proceedings."
The Petitioner was represented by Advocate Shashank Upadhyay while the Respondent was represented by Government Advocate Yogesh Dhande.
Counsel for Petitioner submitted that Petitioner was not provided with the documents of the case so that he can file the proper application opposing confiscation of the vehicle. He further submitted that there is no bar in Section 52 of the Indian Forest Act, 1927 to stop an Advocate from appearing for his client before the authorized officer doing confiscation proceedings.
It was submitted that in an earlier Judgement of the High Court in Kuldeep Sharma vs. State of M.P. (2012), as a corollary, the Court has stated that Advocates may not appear as no evidence is to be recorded.
The Court stated that as per Section 30 of the Advocates Act, 1961, Advocates are given the right to appear before any Tribunal or person legally authorized to take evidence and there is no bar under Section 52 of the Indian Forest Act, 1927 against appearance of Advocates in confiscation proceedings.
"In view of Section 30 of Advocates Act, 1961 and Section 52 of Indian Forest Act, 1927, Advocates can appear before authorized forest officer in confiscation proceedings. Order of D.F.O. dated 15.01.2025 is quashed. Petitioner is granted liberty to file an application to get documents from office of Forest Ranger, Niwari and file its evidence," the Court observed.
Cause Title: Bhagban Singh Parmar vs. The State Of Madhya Pradesh And Others (2025:MPHC-JBP:11947)
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