section 55
The seizure of property liable to confiscation
The Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988Environmental198892 sections10 chapters
Chapter IX PENALTIES AND PROCEDURE
Statutory text
55. (1) Where there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce together with all implements, tools, vehicle used in committing any such offence may be seized by any forest officer.
- (2) Any forest officer may, if there is reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is a reason to believe a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationery as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in possession of such driver or other person in charge of the vehicle.
- (3) Every officer seizing any property under this section shall place on such property or the receptacle or vehicle, if any, in which it is contained a mark indicating that the same has been seized and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try offence on account of which the seizure has been made : Provided that where the forest produce in respect of which such offence is believed to have been committed is the property of the Government and if the offender is unknown, it shall be sufficient If the officer makes, as soon as may be, report of the circumstances of the seizure to his superior officer.
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