[S.68 Forest Act 1927] When Offence Is Compounded, Seized Property Should Be Returned To Accused On Payment Of Compoundable Amount: Madras High Court

Section 68 of the Forest Act empowers a Forest officer to accept a sum of money by way of compensation from a person accused of any offence under the Act. Upon receipt of such money, the officer should release the property seized in connection with the offence and shall also release the person if he is in custody. No further action should be taken against such person or property.

In the present case, the accused man was charged under the Wildlife Protection Act for possessing a gun and bullet alleging that he was engaged in hunting. When the man approached the high court for return of his licensed gun, the High Court permitted him to compound the offence and approach the trial court to return the property.

As per the order, the offence was compounded on payment of a fine of twenty-five thousand rupees and a petition was filed for returning the property. While dismissing the application, the Magistrate held that once the property was seized, it becomes the property of the State government and that the accused was not entitled to receive property though the offence was compounded. Thus, the criminal revision petition was filed before the High Court.

The court, however, noted that as per law, once the offence is compounded, the accused should be discharged and property returned.

Therefore, in view of the above said provision, on payment of compoundable amount, the accused person should be discharged and the property seized in connection with the commission of offence shall be released and no further action is required.

The court thus, set aside the impugned order and directed the Forest Range Officer to return the gun and the bullets to the petitioner.

Case Title: M Narasimhan v. State

Citation: 2023 LiveLaw (Mad) 66

Case No: Crl.R.C.No.81 of 2023

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