The Madhya Pradesh High Court recently ruled that advocates can appear in confiscation proceedings under Indian Forest Act, 1927 [Bhagban Singh Parmar v The State of Madhya Pradesh and Others]..Justice Vishal Dhagat said there is no bar under Section 52 of the Indian Forest Act which prevents the appearance of advocates in such proceedings.“As per Section 30 of Advocates Act, 1961, Advocates are given right to appear before any Tribunal or person legally authorized to take evidence. In case of confiscation, authority takes evidence from Forest Department and from owner of vehicle involved in forest offence. Recording of statement, affidavits, documents filed before forest officer is evidence and therefore, as per Section 30 of Advocates Act, Advocates can appear in confiscation proceedings,” the Court ruled on March 10. The Court, however, clarified that advocates so appearing in such confiscation proceedings will not have any right to conduct cross-examination on the basis of statements or affidavits filed as part of such proceedings. .The Court was hearing a man’s petition challenging the decision to not allow him to engage an advocate in a confiscation proceeding. It was submitted that the petitioner was not even being provided documents of the case to enable him to file a proper application to oppose the confiscation of a vehicle.Opposing the plea, the Government Advocate said a lawyer cannot appear in such proceedings and that the plea to engage counsel was rightly rejected..However, the Court ruled that the advocates can appear before the authorized forest officer in confiscation proceedings. Accordingly, an order dated January 15 rejecting permission for the same was quashed.“Petitioner is granted liberty to file an application to get documents from office of Forest Ranger, Niwari and file its evidence," the Court further ordered.Advocate Shashank Upadhyay represented the petitioner.Government Advocate Yogesh Dhande represented the State..[Read Judgment]
