Hansaria, J. - (1.) Whether Bamboo mat is a forest-produce as is this expression known to the Indian Forest Act requires our determination in this appeal. This question would decide whether the order of confiscation of bamboo mat belonging to the appellant was in accordance with law. The Bombay High Court, having been approached in revision by the State against the order of the Additional Sessions Judge directing release of the bamboo mat, has reversed the order being of the view that the product confiscated was "forest-produce". The owner of the bamboo mat has approached this Court by filing this appeal.
(2.) "Forest-produce" has been defined in the Indian Forest Act, 1927 (hereinafter referred to as "the Act") as below : "2(4) "forest-produce" includes - (a) the following whether found in, or brought from, a forest or not, that is to say - timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, and (b) the following when found in, or brought from a forest, that is to say - (i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees. (ii) plants not being trees (including grass, creepers, reeds and moss, and all parts or produce of such plants, (iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and (iv) beat, surface soil, rock and minerals (including lime-stone, laterite, mineral oils, and all products of mines or quarries)." We must also note the definition of "timber" as given in sub-clause (6) and of "tree" in sub-clause (7) - the same being as below : "(6) "timber" includes trees when they have fallen or have been felled, and all wood whether cut lip or fashioned or hollowed out for any purpose or not; and (7) "tree" includes palms, bamboos, stumps, brush-wood and canes."
(3.) The High Courts decision is principally based on a conjoint reading of definition of "timber" and "tree". It has stated that as definition of "tree" includes bamboo, and as definition of "timber" includes tree, even a fashioned bamboo would be a tree. It was then stated that "forest-produce" having been defined as any produce of tree in sub-clause (i) of clause (b) of sub-section (4, bamboo mat is forest-produce. In taking this view the High Court differed from what had been held by Gujarat High Court in Fatesang Gimba Vasava vs. State of Gujarat, AIR 1987 Gujarat 9.;