DIVISIONAL FOREST OFFICER Vs. T K KRISHNAN NAIR

JUDGEMENT

(1.) This revision is filed by the Divisional Forest Officer, Thrissur and the State of Kerala against the judgment of the District Judge, Thrissur in C.M.A.No.49 of 1999 setting aside the confiscation order passed by the first petitioner. The confiscation related to a car bearing registration No.KRB 3283 belonging to the respondent.

(2.) According to the petitioners, the car was involved in a forest offence relating to cutting and removal of four teak trees from 1945-46 Teak Plantation, Kundukad of Vazhani Forest Station of Machad Range on 11-3-1998. Information was received by the Forest Officials regarding commission of a forest offence on 12-3-1998. Enquiry revealed that 2 vehicles had been used for the purpose viz. Car No.KRB.3283 and lorry No.KLA 4778. The car referred to above was used for carrying the accused and the implements to the site of occurrence and back and that it had also been used as the pilot vehicle. The other vehicle is the lorry in which illicit teak timber was carried. The drivers and the owners of the vehicles and 7 other persons were implicated as accused in the case. The authorised officer found that the car is liable for confiscation. The owner of the lorry did not challenge the order of confiscation. The owner of the car challenged the confiscation proceedings.

(3.) Notices were issued to the owner of the car and the owner of the lorry. The owner of the car contended that the car cannot be confiscated. But the authorised officer, viz. Divisional Forest Officer, Thrissur directed confiscation of the car. Against that the owner of the car filed C.M.A.No.49 of 1999 before the District Court. The District Court held that the car cannot be confiscated and hence, allowed the appeal. It is against that the present revision is filed.