GEORGE Vs. WILD LIFE WARDEN AND AUTHORISED OFFICER

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the Judgment in C.M.A.No.18/2012 on the file of Additional District Court-I, Kalpetta by which order of confiscation No.W4-3726/2012 dtd. 1/10/2012 passed by the Authorised officer, Wild Life Warden, Wayanad was confirmed.

(2.) Revision petitioner is the owner of sawmill in the name and style 'Nirmala Wood Industries', Sulthan Bathery. He is the 11th accused in O.R.6/12(NFS) registered by Assistant Wild Life Warden Sulthan Bathery. According to the respondent on 3/5/2012, Flying-squad, Kalpetta, upon a secret information, seized unauthorizedly kept teakwood from Bishop's House, Meenangadi. About two months prior to the seizure, three teak trees were found to be stolen from Kulachira 1972, Teak Estate within Naikkatty Station of Sulthan Bathery Range. A mahazar was prepared and O.R.No.6/2012 (NFS) was registered in connection with the seizure of the teak-wood. Two vehicles used for transportation of the teak-wood and the machineries in the mill (10 HP Texmo Motor - one, sword of sawing, cutting machine, belt) used for sawing the wood were seized by the Assistant Wildlife Warden and produced the items before the Wildlife Warden, the Authorized officer for initiating proceedings under Sec. 61A of the Kerala Forest Act, 1961 (in short, 'the Act'). As per Order No.W.4-3726/2012 dtd. 1/10/2012 the Authorized officer confiscated the vehicles involved and also the machineries in the saw mill.

(3.) As per a common judgment, the learned Ist Additional District and Sessions Judge confirmed the confiscation proceedings initiated against the revision petitioner as well as the owner of the vehicles which were used for transportation of the wood items. The facts in respect of seizure of vehicle are not in issue in this case and the challenge by the petitioner is against the confiscation proceedings initiated against the machineries of his Saw mill.