Section 5
[61A. (/) Notwithstanding anything contained in the foregoing provision of ConfiScation this Chapter or any otl::.er law, where a forest-offencejs believed to have been byForest-
5 [61A. (/) Notwithstanding anything contained in the foregoing provision of ConfiScation this Chapter or any otl::.er law, where a forest-offencejs believed to have been byForest-
?ffi! this Chapter or any otl::.er law, where a forestoffencejs believed to have been byForest
com.mitted in respect of timber, sandalwood, firewood, charcoal or any other notified ,?ffi~;! of forest-produce whch is the property of the State Government, the officer seizing p~~~uce the propety under sub-section (J) of section 52 shall without any unreasonable where forest delay produce it, together with all tools, boat, vehicles and cattle used in committing otre:ncc i11 such offence, before an officer authorised by the St.;te Government in this behalf l:liev:!:i° by notification in the Official Gazette, not being an officer below the rank of an co:'irutted. Assistant Conserv.1tor of Forests (herein:ifter referred to as "the authorised officer ").
(2) The State Government may authorise one or more officers for any local area under sub-section (/) .
(3) Where an authorised officer seizes under sub-section (/) of section 52 any timber, sandalwood, fi:ewood, ch?.Tco-al or any other notified forest-produce which is the property of the St::te Government or any such property is produced before an authorised officer under sub-section (/) and he is satisfied that a forest-offence has been committed in respect of such property, such a\Jthorised officer m;:. :. y, whether or not a prosecution is instituted for the commission of such forest-offence, order confiscation of the property so seized together with all tools, bo~ts, vehicles and .
cattle used incommitting such offence
(4) (a) Where the authorised officer, after passing an ofder of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order the confocated property or any part thereof and the tools, boats, vehicles and cattle to be sold by public auction.
(b) Where any confisc.. .., ted property or the tools, bo:its, v· v·e ·ehicles and cattle are sold, as aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incident,,J expenses relating thereto shall , where the order of confiscation made under th.is section is set aside or annulled by _2 _ 2.n order under section 61C or 61D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.