Wildlife protection
Query on Confiscation of a vehicle by the Forest Department
Can vehicles confiscated by the Forest Department be considered government property, and can the department refuse to release them?
By  Harsh Sharma  |  04 May 2016  |  Upvotes: 0  | 

1 Answer(s)

Ravindra Purohit
Advocate

Under Section 39 of the WLPA, any vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provision of this Act becomes the property of the State Government.In every forest and wildlife offence the burden to prove is always on the accused. Therefore, the material/vehicle once seized need not be released. If at all it is released it has to be for a very valid reason and in exceptional cases. All that the forest officer has to do is to seize the material and refuse to release it. Let the accused go to court and get a court order which, if at all, is obtained, can be challenged at a higher court.

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