MOIDEEN Vs. ASSISTANT WILD LIFE WARDEN

JUDGEMENT

(1.) Could the authorised officer confiscate a property which is either admitted or proved to be not belonging to the Government of Kerala together with the vehicle etc., used to transport such property under Section 61A(2) of the Kerala Forest Act, 1961 (for short, "the Act")

(2.) Short facts necessary for a decision of the question are:

(3.) It is not in dispute that the lorry together with the rosewood logs was seized by the forest officials on 8.8.2004 at about 9.30 p.m. at the check post at Tholpetty. According to the petitioners, they had collected the rosewood logs from Mathew and Subramanian and produced certain documents before the forest officials to support their claim. Learned District Judge considered those documents. Three of those documents are photocopy of agreements dated 1.6.1976, 16.7.2002 and 28.8.2003 allegedly executed by Subramanian and Mathew. Learned District Judge has referred to those documents in paras. 12 and 13 of the impugned judgment and has for valid reasons rejected the same. Learned District Judge has observed that though according to petitioner No. 2, one Joseph Chacko was driving the lorry at the relevant time, the officials who seized the vehicle reported that Joseph Chacko who appeared before the seizing officer to give statement was not the person who was driving the lorry at the time of seizure. Learned District Judge has referred to the other relevant documents and found that petitioners managed to get the lorry pass through the check post as if it were carrying sawn and sized logs of jackwood. Materials on record revealed that rosewood logs were imported from the State of Karnataka to the State of Kerala. There is no case for petitioners that they had obtained pass for the purpose as required under the Rules. Rule 3(1)(i) of the Rules prohibits import of timber or other forest produce into the State (of Kerala) without a pass. Violation of Rule 3(1)(i) is punishable under Rule 23 of the Rules. Section 2(e) of the Act defines "forest offence" as an offence punishable under the Act or any rule made thereunder. The Rules are framed under Section 30 of the Act. Hence offence punishable under Rule 23 of the Rules comes within the definition of "forest offence" as stated above. The authorities below are therefore justified in their satisfaction that a "forest offence" has been committed in respect of the rosewood logs and that lorry involved in the case was used for commission of that offence.