SHAJI JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition is filed seeking a writ of certiorari or any other appropriate writ, order or direction quashing Ext. P3 confiscation order passed by the 2nd respondent who is the authorised officer under Section 61A of the Kerala Forest Act, 1961, Ext. P5 judgment of the Appellate Authority under Section 61D of the said Act and Ext. P6 consequential notice issued by the 2nd respondent requesting the petitioner to produce jeep bearing registration No. KLI-204 in order to finalise the confiscation proceedings. According to the petitioner, he is the owner of a rubber estate called 'Anakkal Estate' in Thachampara Village in Palakkad District. During the 2nd week of September, 1994, one Moidu, brother of Thiamu, who was the supervisor of the petitioner's estate came and asked for about 175 meters of wood reeper which was borrowed by the petitioner's late father. The petitioner agreed to return the same and with his permission Moidu cut down a fallen vaka tree from the petitioner's estate. It was then taken to the nearby sawmill in the petitioner's jeep bearing registration No. KLO-214 and after sawing the wood reeper was taken back in the said vehicle to the petitioner's estate and kept in the store room. The wood reeper due to Moidu was kept separately. On 19/09/1994, the petitioner saw the said Moidu, along with Chandran, Balankutty and three others taking timber through his estate and on enquiry the petitioner was told that the said timber is from the nearby forest. The petitioner made a complaint before the Palakkayam Forest Station and on that basis OR No. 20/1994 was registered against them. When Chandran was questioned by the forest officials he said that, he along with Moidu, Balankutty and others cut trees from the forest for the petitioner and the trees cut down were taken to the nearby sawmill in the petitioner's jeep bearing registration No. KLI-204 and after sawing, the timber is kept in the store room of the petitioner's estate. On the basis of the above statement of Chandran, OR No. 21/1994 was registered against the petitioner and his driver. On 22/09/1994, on reaching the Range Office, the Range Officer forcibly took the key of the petitioner's jeep bearing registration No. KLI-204 and then seized the wood reeper from the estate store room, alleging illegal felling and transportation of vaka trees from the vested forest and for storing the vaka timber in the estate store room.

(2.) The 2nd respondent vide Ext. P1 initiated proceedings under Section 61A of the Kerala Forest Act, 1961 (hereinafter referred to as 'the Act' only) to confiscate the petitioner's jeep bearing registration No. KLI-204 on the allegation that the said vehicle was used for committing a forest offence, namely, illicit transportation of forest timber. The petitioner approached this Court in OP No. 16551/1994 and by judgment dated 08/12/1994, the 2nd respondent was directed to release the vehicle to the petitioner on certain conditions including furnishing of bank guarantee for the value of the vehicle. To Ext. P1 show-cause notice, the petitioner submitted Ext. P2 reply, but the 2nd respondent by Ext. P3 ordered confiscation of the vehicle and being aggrieved by the order of confiscation he preferred Ext. P4 appeal before the District Judge, Palakkad, under Section 61D of the Act. The said appeal ended in dismissal, vide Ext. P5 judgment. In view of Ext. P5 judgment, the 2nd respondent issued Ext. P6 notice requesting the petitioner to produce the vehicle in order to finalise the confiscation proceedings. It is in that circumstances, the petitioner filed this Original Petition, under Articles 226 and 227 of the Constitution of India, challenging Exts. P3, P5 and P6.

(3.) The 2nd respondent filed counter-affidavit contending that, on 22/09/1994, one Chandran was apprehended by the forest officials of Palakayam Forest Station of Mannarkkad Range for illicit felling of vaka and chadachi trees from Chullippara forest and OR No. 20/1994 was registered. The said Chandran admitted that, he along with five others cut and collected three vaka trees and one chadachi tree from the vested forest and as pointed out by the accused persons, the forest officials found out vaka timber in the petitioner's estate store room. According to the 2nd respondent, the petitioner admitted that, the said timber was transported in his jeep bearing registration No. KLI-204 to sawmill at Ponnamkodu and after sawing the swan timber was taken to his estate and kept in the store room. As per the statements given by the accused persons in OR No. 20/1994, a case was registered against the petitioner and his driver Jose as OR No. 21/1994 for illegal felling and transportation of vaka trees from the vested forest and for storing the vaka timber in his estate store room. The forest officials seized the vaka timber from the petitioner's estate store room and also the vehicle bearing registration No. KLI-204 used for committing the forest offence. Thereafter, the petitioner and others were issued with Ext. P1 show-cause notice. Pursuant to the judgment of this Court in OP No. 16551/1994, the vehicle was released to the petitioner subject to the conditions stipulated in the said judgment and on furnishing bank guarantee for Rs. 60,000/-. Before issuing Ext. P3 order, the petitioner was afforded with reasonable opportunity to prove his innocence and there is no violation of Section 61B(1)(c) of the Act. There is no illegality in the confiscation order and the Original Petition is liable to be dismissed.