(1.) Revision petitioner is the registered owner of a mini lorry bearing registration No. KL-7/Q-8946. Lorry was seized by the Sub Inspector of Police, Erattupetta while it was transporting timber logs without any valid documents and handed over to the Forest Ranger Officer, Erumely for further action as per Forest Act. Articles were produced before the Authorised Officer, Divisional Forest Officer, Kottayam on 23.8.1999 for initiating proceedings under Section 61A of the Kerala Forest Act, 1961. During the course of investigation revision petitioner filed O.P.22578/99 for getting the vehicle released and this Court vide judgment dated 7.9.1999 directed release of the vehicle on furnishing sufficient security. Vehicle was released on the original title deed No. 431 relating to 4 acres of land owned by the petitioner and encumbrance certificate issued by the Sub Register, Rajakumari and after executing a bond.
(2.) Enquiry revealed that the timber logs transported were illegally collected by telling one big green venteak tree which stood in the coffee plantation, within the Cardamom Hill Reserve which is a notified Reserve Forest. A stump mahazar was prepared by the Forest Officer on 25.8.1999 for the illicit felling and removal of the timber. The case was transferred from Erumeli Range to Kumily Forest Range by the Divisional Forest Officer, Kottayam as per Order No. A2-5356/99 dated 21.2.2000 and registered as OR.73/99 in Kumily Forest Range, the Forest Range Officer, Kumily investigated the case and submitted the investigation Report vide letter No. OR.73/99 dated 27.1.2001. Investigating Officer recommended confiscation of mini lorry No. KL-7/Q 8946 along with 80 pieces of timber logs to Government under Section 61 A of Kerala Forest Act, 1961.
(3.) The D.F.O. then issued a show cause notice dt. 19.2.2001 to the registered owner and others explaining the grounds leading to the confiscation proceedings. Opportunity of hearing was also afforded to the registered owner and others. Notice were returned unclaimed. The D.F.O. considering all aspects of the matter passed an order dt. 27.3.2001 confiscating the vehicle and the materials transported as per Section 61 A of the Kerala Forest Act, 1961.