Substitution of section 52

4. For section 52 of the Principal Act, the following shall be substituted, namely:-

"52.

1. (1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, boats, vehicles, cattle, carts, ropes, chains or any other article used in committing any such offence, may be seized by any Forest Officer or Police Officer.
2. (2) Every Officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, either produce the property seized before an officer not below the rank of the Range Forest Officer of the concerned Territorial Forest Division authorized by the State Government in this behalf by notification in the official Gazette (hereinafter referred to as the authorised officer) or where it is, having regard to quantity of bulk or other genuine difficulty, not practicable to produce the property seized before the authorised officer or where it is intended to launch criminal proceedings against the offender immediately, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made; Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.
3. (3) Where the authorized officer upon production before him of property seized or upon receipt of report about seizure, as the case may be, is satisfied that a forest offence has been committed in respect thereof, he may by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, vehicles, cattle, carts, boats, ropes, chains, or any other article used in committing such offence. A copy of the order of the confiscation shall be forwarded without any undue delay to the Conservator of Forests in charge of the circle in which the timber or forest-produce, as the case may be, has been seized or confiscated.
4. (4) No order confiscating any property shall be made under sub-section
5. (3) unless the authorized officer:
   • (a) sends an intimation about initiation of proceedings for confiscation of property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;
   • (b) issues a notice in writing to the persons from whom the property is seized, and to any other person who may appear to the authorized officer to have interest in such property;
   • (c) affords an opportunity to the person referred to in clause
   • (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and
   • (d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on a date to be fixed for such purpose.
6. (5) No order of confiscation under sub-section
7. (3) of any tools, vehicles, boats, carts, cattle, ropes, chains, or any other article (other than timber or forest produce seized) shall be made if any person referred to in clause
   • (b) of sub-section
8. (4) proves to the satisfaction of the authorized officer that any such tools, vehicles, boats, ropes, chains or other articles were used without his knowledge or connivance or as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against use of the objects aforesaid for commission of forest offence.".