Inherent Powers Under Section 482 CrPC Cannot Overcome Statutory Bar Against Challenging Forest Act Revisions.

The petitioner, an agriculturist, challenged the confiscation of her vehicle (registration No. MP-53-HA-1465) by forest authorities for an alleged offence under Section 33(1)(kha) of the Forest Act and the Vanopaj Act, 2000.

The vehicle was seized while being driven by the petitioner’s driver, Gulab Kewat, allegedly for illegal cultivation of 0.264 hectares of forest land.

The petitioner contended the vehicle was used for bona fide agricultural purposes and that she had no conscious knowledge of any encroachment.

The confiscation order dated 28.01.2016 was subsequently affirmed by the Conservator of Forests and the Additional Sessions Judge in Criminal Revision No. 264/2017.

The petitioner approached the High Court invoking inherent powers under Section 482 of the Code of Criminal Procedure (CrPC).

Whether a petition under Section 482 of the CrPC is maintainable against a revisional order passed by the Court of Sessions in forest confiscation proceedings given the statutory bar under the Indian Forest Act?

The Court applied Section 52B(5) of the Indian Forest Act, 1927 (as applicable in Madhya Pradesh), which contains a non-obstante clause stating that orders passed by the Court of Sessions in revision shall be final and shall not be called in question before any court notwithstanding anything contained in the CrPC.

The Court also referenced the precedent set by the Gwalior Bench in M.Cr.C No. 2640/2015 (04.08.2015), which establishes that the proper remedy against such orders lies under Article 226/227 of the Constitution of India rather than Section 482 CrPC.

Additionally, it noted the Supreme Court decision in State of M.P. vs. Uday Singh (2020) 12 SCC 733 regarding the independent and final nature of confiscation proceedings.

The Court examined the statutory framework governing forest offences and noted that Section 52B(5) specifically ousts the jurisdiction of other courts to question the finality of the Sessions Court's revisional order.

Because of the "notwithstanding" clause, the inherent powers of the High Court under Section 482 CrPC cannot be invoked to override the express statutory bar intended by the legislature for forest-related confiscations.

The High Court reasoned that while the order is final under sub-constitutional law, it remains subject to the High Court’s constitutional powers of judicial review or superintendence under Articles 226/227 of the Constitution of India, which cannot be curtailed by statute.

The petition was dismissed without costs; however, the Court granted the petitioner liberty to file appropriate proceedings (under Article 226/227 of the Constitution) in accordance with the law.