CHANDY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner along with another was charged under S. 10 (1) read with S. 3 (1) of the Kerala Lime Shells (Control) Act 18 of 1958, that they without a licence collected lime shells. THE prosecution examined two witnesses, Pws. 2 and 3 who deposed that they had actually seen the accused collecting the lime shells. Pw. 1 the sub-Inspector seized the boat and the lime shells contained in it and produced the same in court. THE learned First Class Magistrate of Sherthalai accepted the evidence of the prosecution witnesses and found the accused guilty of the offence charged against them. THE evidence of the witnesses examined on the side of the defence was that Dw. 2 had entrusted the lime shells with the accused for transporting the same to a place called Muttar and that the accused had not really collected the lime shells. THE defence witnesses were rightly disbelieved by the learned Magistrate. Sitting in revision, I do not find any ground to differ from the conclusions of the Magistrate. THE conviction under s. 10 (1) read with S. 3 (1) and the sentence are, therefore, correct and are confirmed.

(2.) THE learned Magistrate has ordered the confiscation of all the goods seized by the Inspector and produced in court. THE 1st accused in the case has filed this petition challenging the correctness of the order of confiscation. S. 10 (2) of Act 18 of 1958 reads as follows: "a court convicting any person of any offence punishable under this Act may order that the stock of lime-shells in respect of which the offence was committed and any property involved in or utilise d for the commission of such offence shall be forfeited to the Government. " THE lime shells M. 0. 2 can certainly be confiscated. THE question is whether the boat and the other accessories are liable for confiscation. If they are involved in or utilised for the commission of the offence it could be forfeited. THE offence is collecting lime shells and not transporting lime shells. THE boat in which it was collected for the purpose of transportation cannot therefore, reasonably be said to be used for the commission of the offence, namely, collecting lime shells without licence