WILD LIFE WARDEN Vs. ELIAS

JUDGEMENT

(1.) The respondent preferred a civil revision petition forming the subject matter of CRP No. 1435/2000(B), assailing the order passed in C.M.A. No. 113/1999 by the District Judge, Wayanad, Kalpetta. It was alleged that the respondent had unauthorisedly collected and stored elephant tusks and unlicensed gun and other accessories. A case was registered as O.R. No. 4/1998 with Sulthanbathery Range. The Jeep bearing registration number KL/12/A/316 belonging to the respondent was seized by the Assistant Wild Life Warden, Sulthanbathery from a workshop where it was kept for repairs. A criminal proceeding was also initiated against the respondent under the Kerala Forest Act, 1961 (for brevity, 'the 1961 Act'). It is not in dispute that the respondent has been acquitted in that case.

(2.) The Assistant Wild Life Warden, Sulthanbathery directed for confiscation of the items seized and the Jeep belonging to the respondent. The said order was challenged before the District Judge, Wayanad, who came to hold that the elephant tusk was not a forest produce, and accordingly remanded the matter to the authority of first instance. The appellate authority, while remanding the matter, opined that there was no clinching evidence on record to arrive at the finding that it was a Government property and further the presumption as contemplated under Sec. 69 of the 1961 Act could not be attracted.

(3.) Being grieved by this order of remand, the respondent preferred a civil revision and the learned single Judge of the High Court came to hold that the presumption was not attracted and further the elephant tusk was not a forest produce, for it was not mentioned in the definition as a forest produce or under Sec. 61A of the 1961 Act.