Indian Forest Act | Advocates Can Appear In Confiscation Proceedings, Though Can't Conduct Cross Examination: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that Advocates can appear in confiscation proceedings before the forest officer under the Indian Forest Act, however they do not have the right to cross-examine the statements or affidavits filed in such proceedings.
A single judge bench of Justice Vishal Dhagat observed, “As per Section 30 of Advocates Act, 1961, Advocates are given right to appear before any Tribunal or person legally authorized to take evidence. 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. However, Advocates will not have any right to cross-examination on statement or affidavits filed in proceeding of confiscation.”
The court was hearing a petition under Article 226 of the Constitution challenging confiscation proceedings and order by which petitioner was not allowed to engage an Advocate in the case.
The counsel for petitioner submitted that petitioner was not provided documents of the case so that he can file the proper application opposing confiscation of the vehicle. It was further submitted that there is no bar in Section 52 of Indian Forest Act, 1927 to stop an Advocate to appear for his client before authorized officer doing confiscation proceedings. The counsel referred to the judgement Kuldeep Sharma vs. State of M.P., as a corollary, Court has stated that Advocates may not appear as no evidence is to be recorded.
On the contrary, respondents/State submitted that Advocate cannot appear in proceedings for confiscation in view of the judgment passed by this Court reported in Kuldeep Sharma. Therefore, permission to engage counsel has rightly been rejected under Section 52.
After hearing the parties, the Court referred to Section 30 of the Advocates Act, 1961 wherein advocates have been given the right to appear before any Tribunal or person legally authorized to take evidence. In case of confiscation, authority takes evidence from Forest Department and from owner of vehicle involved in forest offence. Recording of statement, affidavits, documents is evidence and therefore, Advocates can appear in confiscation proceedings as per Section 30 of Advocates Act.
Further, the Court said that there is no bar under Section 52 of Indian Forest Act, 1927 from appearance of Advocates in confiscation proceedings. However, advocate has no right to cross examine the statement or affidavits filed in such 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.”, the Court said.
The order passed by the Divisional Forest Officer was hence, quashed.
Case Title: Bhagban Singh Parmar Versus The State Of Madhya Pradesh And Others, Writ Petition No. 7841 Of 2025