DFO KOTHAMANGALAM Vs. SUNNY JOSEPH

JUDGEMENT

(1.) This revision has come before us on reference by one of us, Bhaskaran, (J). The facts of the case are as follows:

(2.) The revision is filed against the order passed by the District Judge, Ernakulam in C.M.A. No. 38 of 1998. The C.M.A. was filed against the order of the Divisional Forest Officer, Kothamangalam confiscating a mini lorry bearing Registration No. KL 7D 2374 belonging to the first respondent. The revision petitioners are Divisional Forest Officer, Kothamangalam and the State of Kerala.

(3.) The revision petitioners case is that the first respondent had used his mini lorry for illicit transport of the smuggled timber on 24.3.1993. The timber was alleged to have been transported by one Dr. Kurian. The vehicle was seized on 27.3.1993. The Divisional Forest Officer by order dated 27.2.1998 directed confiscation of the vehicle on the finding that the first respondent used the vehicle at 1o Clock during night for transporting unfinished door frames, window frames, etc. made of fresh teak wood, rose wood and maruthu. It was found that the first respondent deviated from the main route and avoided the forest checking stations by diverting the route through a rugged soupe route. It was also found that the documents produced to show that these articles locally purchased by Dr. Kurian were not acceptable and therefore, it was presumed that the timber might have been cut and removed from the reserved forest and unauthorisedly brought to the house of Dr. Kurian after cutting and converting it into door frames, window frames, dining table legs, etc.