SALOMY ITHAPIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner is the owner of a Matador Tempo Van bearing registration No. KL-7/E-8643, which was being used as a goods vehicle. On 7.11.1995, the forest officials seized the said vehicle alleging involvement in a forest offence on 2.11.1995. The allegation was that on 2.11.1995, certain persons cut a teak wood from the Ezhatumugham forest, made it into pieces and transported the same to Madasseri Wood Industries, Mukkannur for which the said Tempo Van was used. Pursuant to orders of this Court in O.P. No. 17707/1995, the Van was later released on the Petitioner furnishing bank guarantee for Rs. 1 lakh. The Petitioner was issued with Ext.P1 show cause notice directing the Petitioner to show cause why the vehicle should not be confiscated under Section 61A of the Kerala Forest Act. The Petitioner submitted a reply on 3.8.1996, which is produced as Ext.P2 in this Original Petition, wherein the Petitioner took the contention that the alleged offence was committed by the driver without knowledge of the Petitioner and that the Petitioner had specifically instructed the driver not to use the vehicle for any illegal activities. A personal hearing was afforded to the Petitioner. She was asked to appear for a personal hearing on 7.8.1996. The Petitioner did not appear on that date. She sought adjournment. The hearing was postponed to 12.8.1996. On that day, the Petitioner again sought an adjournment on the ground that the Petitioner is not well and on that basis the hearing was again adjourned to 22.8.1996. On 22.8.1996 also, the Petitioner sought adjournment for 45 days on the ground of illness along with a medical certificate. But rejecting the prayer for adjournment, the second Respondent passed Ext.P3 order confiscating the vehicle. Against the same, the Petitioner filed Ext.P4 appeal before the District Court, Thrissur under Section 61D of the Kerala Forest Act. That appeal was also dismissed by Ext.P5 judgment dated 4.4.1998. The Petitioner is challenging Exts.P3 and P5 orders in this Original Petition, seeking the following reliefs:

(2.) to declare that the provisions contained in Section 61A(2) conferring absolute power of confiscation of the vehicles used in transporting the timper (sic), fire wood, charcoal, ivory etc. which are the property of the Government and the provision contained in Section 61B(2) which imposed the burden of proof on the owner of the vehicle to establish the absence of knowledge or connivance of his agent and the person incharge of the vehicle and they had taken reasonable and necessary precautions against the use of the vehicle in commission of forest offence, are arbitrary and unconstitutional.

(3.) to grant interim stay of all further proceedings pursuant to Ext:P3, Ext:P5 and Ext:P6 for confiscation of the Petitioners (sic) Metador (sic) Tempo Van bearing registration No. KL-7E-8643 and encashment of the Bank guarantee furnished by the Petitioner during the pendency of the Original Petitioner (sic)