Pushkar Singh vs State Of Uttarakhand on 7 July, 2026

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    Uttarakhand High Court

    Pushkar Singh vs State Of Uttarakhand on 7 July, 2026

                                                              UKHC010039832026
    
    
    
                                                                      2026:UHC:5531
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions               COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   WPCRL/473/2026
    
                                   Pushkar Singh                 ........Petitioner
    
                                                          Versus
    
                                   State Of Uttarakhand         ......Respondent
    
                                   Hon'ble Alok Mahra, J.
    

    Mr. Piyush Sammal and Ms. Sarita
    Bisht, learned counsel for the petitioner.

    2. Mr. Akshay Latwal, learned A.G.A.
    along with Mr. Vikash Uniyal, learned
    Brief Holder for the State.

    SPONSORED

    3. By means of the present writ petition
    filed under Article 226 of the Constitution
    of India, the petitioner seeks issuance of a
    writ in the nature of certiorari for quashing
    the confiscation order dated 17.02.2024
    passed by respondent no.2 under Section
    52A(1)
    of the Indian Forest Act, 1927, as
    amended by the Indian Forest
    (Uttarakhand Amendment) Act, 2001, in
    Misc. Case (Year-2023), whereby the
    petitioner’s vehicle bearing registration no.
    UK-04-CB-9734 was confiscated in favour
    of the State. The petitioner further seeks
    quashing of the appellate order dated
    20.05.2024 passed by respondent no.3 in
    Appeal No. 213 of 2023-24 affirming the
    confiscation order. A consequential
    direction has also been sought
    commanding the respondents to release
    the aforesaid vehicle in favour of the
    petitioner.

    4. Learned counsel for the petitioner
    would submit that the petitioner is the
    registered owner of the commercial truck
    UKHC010039832026

    2026:UHC:5531
    bearing registration no. UK-04-CB-9734,
    which constitutes his sole source of
    livelihood; that, the vehicle had been
    entrusted to one Ravindra Lal Sah, the
    driver’s name, in August, 2023 for lawful
    commercial operations; that, on
    22.11.2023, the forest authorities seized
    the vehicle alleging illegal transportation of
    forest produce, namely resin; that, at the
    relevant point of time, the petitioner was
    neither present at the spot nor travelling
    in the vehicle; that, a criminal proceeding,
    being Range Case No. 4 of 2023-24, has
    been instituted against the driver and
    another person, which is still pending
    consideration before the competent court.

    5. He would further submit that the
    petitioner had earlier filed an affidavit
    dated 29.11.2023 solely in support of an
    application under Section 53 of the Act
    seeking interim release of the vehicle,
    however, while deciding the confiscation
    proceedings under Section 52A of the Act,
    the Authorized Officer mechanically relied
    upon the said affidavit as if it were a
    conclusive admission of liability and failed
    to consider the specific defence raised by
    the petitioner under Section 52A(5) of the
    Act; that, the appellate authority has also
    affirmed the confiscation order without
    examining these legal infirmities.

    6. Learned counsel for the petitioner
    would further submit that during the
    confiscation proceedings, the petitioner
    categorically pleaded that the vehicle had
    been entrusted to the driver for lawful use;
    that, he had neither knowledge of nor
    consented to the alleged illegal
    transportation; that, he was not present at
    the place of occurrence; that, despite these
    specific pleadings, the Authorized Officer,
    by order dated 17.02.2024, confiscated the
    vehicle primarily on the basis of the
    UKHC010039832026

    2026:UHC:5531
    affidavit filed for interim custody and by
    drawing conjectural inferences regarding
    the alleged construction of a concealed
    cabin in the vehicle.

    7. He would further contended that the
    mandatory requirements of Section 52A(5)
    of the Act have not been complied with;
    that, the statutory scheme mandates that
    before ordering confiscation, the
    competent authority must record a clear
    finding that the owner had knowledge of or
    connived in the commission of the forest
    offence, or had failed to exercise due care
    and precaution to prevent such misuse of
    the vehicle; that, no such independent or
    cogent finding has been recorded in the
    impugned order.

    8. It is further submitted that the
    affidavit dated 29.11.2023 was filed only
    for the limited purpose of obtaining
    interim custody of the vehicle under
    Section 53 of the Act, even prior to the
    issuance of notice in the confiscation
    proceedings; that, no statement of the
    petitioner was subsequently recorded, nor
    was any independent evidence collected by
    the Authorized Officer to establish the
    petitioner’s knowledge or complicity in the
    alleged offence, therefore, treating the said
    affidavit as a substantive admission in the
    confiscation proceedings is legally
    impermissible.

    9. Learned counsel would further submit
    that the criminal liability, if any, is
    presently the subject matter of
    adjudication in Range Case No. 4 of 2023-
    24 against the driver and another accused;
    that, the petitioner has no criminal
    antecedents and there is no material
    demonstrating his involvement in the
    alleged offence, It is, therefore, contended
    that confiscation of a high-value
    commercial vehicle, which is the sole
    UKHC010039832026

    2026:UHC:5531
    means of livelihood of the petitioner, is
    arbitrary, disproportionate and
    unsustainable in law.

    10. Per contra, learned State Counsel
    would vehemently oppose the writ petition
    and submitted that the petitioner has
    failed to establish that the alleged forest
    offence was committed without his
    knowledge or without the knowledge of his
    servant or agent; that, the confiscation
    proceedings under Section 52A of the Act
    are independent quasi-judicial
    proceedings, distinct from the criminal
    prosecution pending before the competent
    criminal court, and the pendency of the
    criminal proceedings does not preclude
    confiscation under the statutory scheme.

    11. Heard learned counsel for the parties
    and perused the material available on
    record.

    12. A perusal of the impugned
    confiscation order shows that the
    Authorized Officer has mainly relied upon
    the affidavit filed by the petitioner with his
    application under Section 53 of the Act for
    interim release of the vehicle. No
    independent finding has been recorded
    that the petitioner had knowledge of,
    connived in, or failed to take reasonable
    care to prevent the alleged illegal
    transportation of forest produce. The
    defence raised by the petitioner under
    Section 52A(5) of the Act has also not been
    properly considered.

    13. The confiscation of property, being a
    serious civil consequence, must strictly
    conform to the statutory safeguards
    provided under the Act. Before directing
    confiscation, the competent authority is
    required to record a clear and reasoned
    finding regarding the owner’s knowledge,
    connivance, or failure to exercise due care.
    In the absence of such findings, the
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    2026:UHC:5531
    confiscation order cannot be sustained.

    14. The Hon’ble Supreme Court in
    Sunderbhai Ambalal Desai v. State of
    Gujarat
    (2002) 10 SCC 283 has
    emphasized that valuable vehicles should
    not be allowed to remain idle for long
    periods in official custody, resulting in
    their deterioration, and that appropriate
    orders for their release should ordinarily
    be passed on suitable terms.

    15. In view of the foregoing discussion,
    this Court is of the considered opinion that
    the impugned confiscation order dated
    17.02.2024 passed by respondent no.2
    and the appellate order dated 20.05.2024
    passed by respondent no.3 cannot be
    sustained in law and are accordingly set
    aside.

    16. The respondents/authority
    concerned are directed to release the
    vehicle bearing registration no. UK-04-CB-
    9734 in favour of the petitioner, subject to
    such terms and conditions, including
    furnishing of adequate security or bond, as
    the competent authority may deem
    appropriate to ensure its production as
    and when required in connection with the
    pending proceedings.

    17. Accordingly, the writ petition is
    allowed.

    18. Pending applications, if any, also
    stand disposed of accordingly.

    MAMTA (Alok Mahra, J.)
    07.07.2026
    Mamta RANI
    Digitally signed by MAMTA RANI
    DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
    ou=HIGH COURT OF UTTARAKHAND,
    2.5.4.20=6a812005bebfcf46f244f3e584af1449e
    430ef900bf09a6d67ebbd642671329b,
    postalCode=263001, st=Uttarakhand,
    serialNumber=5de1751a4f1d9cabfd54852c9e
    68911ca8b66dd26690a191648ab5d8dd004ef0
    , cn=MAMTA RANI
    Date: 2026.07.08 16:31:34 +05’30’



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