FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADECentral

Section 58Q of The Wild Life (Protection) Act, 1972

1[58Q. Bar of jurisdiction.-- No order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.]

Summary

This part of the law stops regular civil courts from interfering with the forfeiture of illegal property.
Decisions made by the Tribunal or authority can only be appealed through the specific steps listed in this Chapter.
Civil courts have no power to handle or decide any matter that these specific wildlife authorities are assigned to resolve.
No court or authority is allowed to grant an injunction, which is a legal order to stop an action, against these officials.

Practical examples

1Amit tries to sue in a local city court to stop the government from seizing a house that he allegedly bought with money from illegal poaching.

2A private trust goes to a civil judge asking for an emergency order to freeze the forfeiture proceedings started by the competent authority.

FAQ

1. Can I challenge a property seizure under the Wild Life (Protection) Act, 1972 in a local civil court?

No, Section 58Q of the Wild Life (Protection) Act, 1972 specifically removes the power of civil courts to handle matters that the Appellate Tribunal or competent authority are assigned to decide.

2. Can a judge stop a wildlife official from taking action under Section 58Q of the 1972 Act?

No, Section 58Q of the Wild Life (Protection) Act, 1972 states that no court can grant an injunction to stop any action taken by authorities using their powers under this Chapter.

3. Are there any appeals allowed for property orders under the Wild Life (Protection) Act, 1972?

Yes, but according to Section 58Q of the Wild Life (Protection) Act, 1972, you can only appeal using the specific methods and procedures described within that specific Chapter of the law.

Test yourself

Q1.According to Section 58Q of the Wild Life (Protection) Act, 1972, which body has its power over forfeiture matters removed?

Q2.Under Section 58Q of the 1972 law, what type of court order is specifically banned regarding the actions of forfeiture authorities?

Q3.How can a person appeal a declaration made under this Chapter according to Section 58Q of the Wild Life (Protection) Act, 1972?

Q4.Does Section 58Q of the Wild Life (Protection) Act, 1972 allow a civil court to determine if property was acquired illegally?

58PPreviousSection 58P Notice or order not to be invalid for error in description.58RNextSection 58R Competent Authority and Appellate Tribunal to have powers of civil court.

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