Madhya Pradesh High Court: In a writ petition filed under Article 226 of the Constitution of India challenging the confiscation proceedings and the order dated 15-01-2025, which denied the petitioner right to engage an advocate in the confiscation case, a single-judge bench of Vishal Dhagat, J., reaffirmed the right of advocates to appear in confiscation proceedings under Section 30 of the Advocates Act, 1961 (Advocates Act). However, the Court clarified that while legal representation is permitted, the right to cross-examine remain restricted.
The petitioner contended that he was not provided with the necessary documents related to the case, thereby preventing him from filing a proper application opposing the confiscation of his vehicle. Furthermore, it was argued that Section 52 of the Forest Act, 1927 (Forest Act), does not impose a bar on an advocate representing a client in confiscation proceedings. The petitioner relied on Kuldeep Sharma v. State of M.P., 2012 SCC OnLine MP 1260, wherein the Court observed that advocates might not appear in confiscation proceedings as no evidence is recorded.
However, the State countered that Kuldeep Sharma (Supra) restricts the appearance of advocates in confiscation proceedings. It was contended that the rejection of the petitioner’s request to engage an advocate was justified under Section 52 of the Forest Act, 1927. It was argued that the petitioner had no valid cause of action to challenge the confiscation proceedings.
The Court noted that Section 30 of the Advocates Act, grants advocate the right to appear before any tribunal or legally authorised person taking evidence. The Court stated that in confiscation proceedings, statements, affidavits, and documents are recorded as evidence, making the appearance of advocates permissible. The Court further stated that Section 52 of the Forest Act does not explicitly bar the appearance of advocates. The Court held that advocates can appear in confiscation proceedings but without the right to cross-examine witnesses or challenge affidavits filed in such proceedings.
“In view of Section 30 of Advocates Act, 1961 and Section 52 of Indian Forest Act, 1927, Advocates can appear before authorized forest officer in confiscation proceedings.”
The Court quashed the Divisional Forest Officer’s order dated 15-01-2025. The Court granted the petitioner liberty to file an application to obtain the necessary documents from the Forest Ranger’s office in Niwari and submit his evidence.
[Bhagban Singh Parmar v. State of M.P., Writ Petition No. 7841 of 2025, Decided on 10-03-2025]
Advocates who appeared in this case:
Shri Shashank Upadhyay, Counsel for the Petitioner
Shri Yogesh Dhande, Government Advocate, Counsel for the Respondents/State
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