N.K.SASIDHARAN Vs. K.R.RAMAKRISHNAN

JUDGEMENT

(1.) A decree for damages is under challenge in this appeal and cross objection, by the defendants and the plaintiff respectively.

(2.) A tractor-cum-trailer owned by the plaintiff was seized on 6/11/1992, alleging involvement in the forest offences. The vehicle was released by the authorities only on 8/2/1994. According to the plaintiff, by that time, damages were caused to the vehicle. It was alleged that the 1st defendant, who was the then DFO, sought for payment of bribe for the release of vehicle. The suit was filed claiming damages under various heads, including cost of repairs, loss of earnings, mental agonies, etc.

(3.) The 1st defendant, who was the then DFO, filed a written statement, denying the allegations levelled against him, including the alleged demand for bribe. It was contended that the seizure of the vehicle was for the involvement in illicit transport of rosewood and teak logs. Confiscation proceedings were initiated under Sec. 61A of the Kerala Forest Act, 1961, immediately after the seizure. The plaintiff got release of the vehicle in good condition. On these contentions, it was prayed that the suit to be dismissed. The 2nd defendant adopted the said contentions.