LAWS(SC)-2023-8-26

ASSISTANT WILD LIFE WARDEN Vs. K. K. MOIDEEN

Decided On August 09, 2023
Assistant Wild Life Warden Appellant
V/S
K. K. Moideen Respondents

JUDGEMENT

(1.) In the present appeal, order dtd. 2/9/2010, passed by the High Court of Kerala in CRP No. 285 of 2008 has been challenged. By the aforesaid order, the High Court had allowed the revision petition filed by the respondent and directed to release rosewood logs and the lorry to the respondents, leaving it open to the appellants to take any other appropriate action in respect of the property seized, as permissible in law.

(2.) The case has a chequered history. Briefly the facts available on record are, that the officers of the forest department stopped a lorry bearing registration no. KL 11 E 4995 on 8/8/2004. During inspection, it was found to be carrying illicit rosewood logs. 37 such logs were found beneath 92 bunches of bananas and 26 bags of rice husk. Seized material was produced by the Assistant Wildlife Warden, Tholpuitti before the Wildlife Warden who asked him to conduct the enquiry.

(3.) Detailed Mahazar(The Mahazar, in law, is an attested document by several persons professing to be aware of the circumstances of the case and submitted with their signatures. The Mahazar as defined in the Wilson's Glossary, would be a document attested by several persons professing to be cognizant of the circumstances of the case and submitted with their signatures to the Court. It could also be a written collective attestation by several persons jointly and the list or roll of persons present. See, Bengaluru Development Authority v. State of Karnataka, W.A. No. 1013 of 2016 decided on 4/2/2020, High Court of Karnataka and Sri K.N Anandarama Reddy v. State of Karnataka, W.P. No. 52989 of 2023 decided on 29/1/2014, High Court of Karnataka.) was prepared on 10/8/2004. It was found during enquiry that the rosewood logs were cut from the forest of Shrimangala, Ponnampet area in Karnataka and lorry was coming from Kutta (Karnataka) side. While crossing the check post on Kutta side on 8/8/2004, the material loaded shown was bunches of bananas and bags of rice husk. Even the driver who was driving the vehicle at the time of detention by the officer was found to be different than the one who was driving the vehicle when it crossed the check-post on Kutta side.