“Advocates Can appear In Confiscation Proceedings Under Forest Act”: MP High Court

The Madhya Pradesh High Court ruled that advocates can represent clients in confiscation cases under the Indian Forest Act, 1927.

Justice Vishal Dhagat explained that there is no law preventing lawyers from appearing in such proceedings, referring to Section 30 of the Advocates Act, 1961, which allows advocates to appear before any authorized body or tribunal.

Clarification on Lawyer’s Role In Confiscation Proceedings

The Court clarified that while lawyers can appear in confiscation proceedings, they cannot cross-examine witnesses or challenge statements and documents filed in the case.

Petitioner’s Claim

The case involved a petitioner who claimed they were not provided with documents to properly defend themselves against the confiscation of a vehicle. The government argued that lawyers were not allowed in such proceedings, but the Court disagreed.

Outcome & Permission To Request Documents

The Court ruled that advocates can appear before the forest officer handling the case. The order denying the petitioner permission to have a lawyer was overturned, and the petitioner was allowed to request documents from the Forest Ranger’s office to support their case.

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