STATE OF KERALA Vs. PUSHPAN

JUDGEMENT

(1.) The State of Kerala challenges the order of the District Judge. Ernakulam, directing the release of a tempo van confiscated earlier by orders of the Forest authorities. The brief facts are these.

(2.) The Tempo van, KRR 3769 belonged to Sri. P. D. Jose, the registered owner. It seems he has given it on hire to Sri. K. R. Pushpan, the first respondent. The hirer has appointed his own driver and cleaner. On 10-2-1983 the cleaner who has a driving licence but no badge, took the vehicle out and it is said he had no permission of the hirer or the driver. It was not however an empty, vehicle. It was loaded with freshly sawn timber pieces and the vehicle had some destination, for it was taken out to the public road, driven for some distance and intercepted by. the public near a toll gate. It was thus not an innocent trip by an ignorant cleaner, though professedly the hirer disclaims any knowledge of the episode.

(3.) Criminal investigation commenced. Alerted, the forest authorities also swung into action. The forest authorities came to the conclusion that the timber pieces loaded in the van were portions of a 'Pali' tree cut from the Malayattur reserved forest. Confiscation proceedings were initiated under S.61A of the Kerala Forest Act. The Divisional Forest Officer is the authorised officer under the Act. He issued notice to the owner, the hirer, driver and others and passed an order confiscating the vehicle. He found that an offence under S.27 of the Forest Act has been committed in respect of the sawn pieces found in the Tempo van, that the van was engaged for the transport of the said timber with the full knowledge of the person who was driving the vehicle, he was acting as the agent of the owner and the hirer and the vehicle itself was liable to be confiscated under S.61A(2) of the Act.