STATE OF KERALA Vs. K THANGARAJ

JUDGEMENT

(1.) The Conservator of Forests, Kollam, who filed the Original Petition, No. 2029/1993 to quash Ext. P2 judgment passed by the District Court, Thiruvananthapuram in C.M.A. No. 75/1991 dated 20.8.1992, is the appellant in this Writ Appeal. The Writ Petition was dismissed by P.V. Narayanan Nambiar, J., holding that the Ivory is not liable for confiscation since Ivory is not a forest produce under S.2(f) of the Kerala Forest Act, hereinafter referred to as the Act. Being aggrieved, the Writ Appeal has been filed.

(2.) We have heard Mr. S. James Vincent, learned Special Government Pleader (Forests) and P.V. Ramesh Shankar for the respondent.

(3.) The Forest Range Officer (Vigilance), Forest Head Quarters, Trivandrum and party on 10.7.1990 seized 6.495 Kgs. of Ivory in various designs from the premises of the respondent, K. Thankaraj. The seizure was preceded by a search of the premises and the seizures were produced before the Authorised Officer, viz., the Divisional Forest Officer, Trivandrum for proceeding under S.61A of the Act. The Authorised Officer issued a show-cause notice to the respondent and in reply, it is stated that he is a licensed dealer in Ivory. He furnished copies of stock register and other records, which he was bound to keep as per the rules. It is his contention that the articles seized were made of the Ivory lawfully purchased by him and incorporated in his stock register. After inquiry, the Authorised Officer passed orders, No. G3/5081/90 dated 17.4.1991 confiscating the seizures, which proceedings has been marked as Ext. P1.