AJEESH S. Vs. AUTHORIZED OFFICER

JUDGEMENT

(1.) This revision petition is filed challenging the judgment rendered by the District Court, Pathanamthitta in an appeal filed by the revision petitioner against the order dated 16.03.2017 passed by the Divisional Forest Officer, Ranni under Section 61A of the Kerala Forest Act, 1961 (for short 'the Act').

(2.) On 05.07.2016, the forest officials of Chittar Forest Station reached the property in possession of one Valsala and they saw the Anjili tree which was standing in that property being cut and the timber being tied and removed from the spot by using the vehicle KL-62/C-0309, a Joseph Cyril Bambord Excavator (for short 'JCB'). The Anjili tree was allegedly standing in a land notified as reserve forest. A case was registered against the persons responsible for cutting the tree and also the driver of the vehicle. The forest officials seized the timber and the vehicle and produced them before the Divisional Forest Officer, Ranni, the authorised officer, for initiating proceedings under Section 61A of the Act.

(3.) The Divisional Forest Officer, as per the order dated 16.03.2017, found that the vehicle was used in commission of a forest offence with the knowledge and consent of its owner and ordered that the timber and the vehicle shall be confiscated to government.