Himachal Pradesh High Court declares Forest transit violations Cognizable offences, overrules 2009 precedent
Shimla, Jan 7,
The Himachal Pradesh High Court has ruled that offences under Section 42 of the Indian Forest Act, read with the Himachal Pradesh Forest Produce Transit Rules, are cognizable in nature, empowering forest and police officers to arrest accused persons without a warrant.
The landmark ruling was delivered by a Division Bench comprising Justice Vivek Singh Thakur and Justice Romesh Verma, while answering a reference made by a Single Bench on a long-standing legal ambiguity surrounding forest transit violations.
Arrest without warrant upheld
Resolving conflicting judicial views, the Court held that the power of arrest flows directly from Section 64 of the Indian Forest Act, which authorises arrest without warrant for any forest offence punishable with imprisonment of one month or more.
“In view of the definition of ‘cognizable offence’, for commission or suspicion of commission of an offence, a police officer can arrest without warrant,” the Bench observed, holding that offences punishable under Section 42 are cognizable
The Court clarified that although the offence is bailable, it squarely falls within the category of cognizable offences because the statute itself permits arrest without prior judicial approval.
Earlier Judgments declared Bad Law
The Bench expressly overruled the 2009 judgment in State of H.P. vs. Sat Pal Singh, which had classified such offences as non-cognizable. The Court noted that the earlier ruling failed to consider crucial statutory provisions.
“The view in Sat Pal Singh’s case is not a correct view and it does not lay down a good law,” the judgment stated, adding that all subsequent rulings relying on that precedent “are liable to be ignored”
Instead, the Court endorsed the reasoning of a 1963 Tripura High Court decision (Abdul Aziz vs. Union Territory of Tripura), holding it to be “in consonance with relevant provisions of law”.
Wider Impact on Forest Law Enforcement
The ruling carries significant implications for forest protection and enforcement across Himachal Pradesh, particularly in cases involving illegal transportation of timber and forest produce. By restoring arrest powers without warrant, the judgment strengthens the hands of enforcement agencies dealing with forest offences.
Concluding the reference, the Bench categorically held, “We are of the considered opinion that offence punishable under Section 42 of the Forest Act read with the Transit Rules is a cognizable offence”
The main criminal appeal has now been directed to be placed before the Chief Justice for listing before the appropriate Bench for further adjudication
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