K R PUSPHAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment in OP. No. 6346 of 1983. The writ petition was for quashing Ext. P2 judgment of the 2nd respondent, the District Judge, Ernakulam, in CMA. No. 36 of 1983 dated 22-7-1983, reversing the order of confiscation of the tempo van involved in the case by the Divisional Forest Officer, Malayattur, the authorised officer under the Forest Act. The appellant was the hirer in respect of the vehicle. The authorised officer by his proceedings Ext. P1, ordered confiscation, as it was, according to him, found to carry contraband article, that is to say, timber which belonged to the Forest. On appeal, the District Judge, after having considered the evidence adduced before him, recorded the following findings:

(2.) On the question whether the District Judge sitting in appeal bad jurisdiction to decide confiscation of the vehicle, without the owner of the vehicle on the party array, with due respect, we regret, we are not in a position to agree with the reasoning of the learned Judge. We are of the opinion that the failure on the part of the appellant to implead the registered owner of the vehicle, as a party to the appeal, would not by itself oust the jurisdiction of the District Judge to entertain and decide the appeal filed under S.61D of the Kerala Forest Act, 1961, Act 4 of 1962 (the Act).

(3.) The said section provides thus: