In Brief
The State of Madhya Pradesh challenged High Court orders directing interim release of a tractor and trolley seized for illegal sand excavation from the Chambal river. The Supreme Court held that once an Authorised Officer initiates confiscation proceedings under Section 52 of the Indian Forest Act (as amended by Madhya Pradesh Act 25 of 1983) and sends intimation to the Magistrate, the Magistrate and High Court lose jurisdiction to order release under the Code of Criminal Procedure. Confiscation is a distinct, independent proceeding from criminal prosecution, with its own statutory framework (Sections 52-A, 52-B, 52-C). Section 52-C bars all courts except those specified in the Act from dealing with seized property. The appeals were allowed, and the High Court's judgment was set aside as contrary to law.
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