DIVISIONAL FOREST OFFICER Vs. JALAL

JUDGEMENT

(1.) This revision at the instance of the Divisional Forest Officer and the forest officials of the Kerala Government, filed under S.61D of the Kerala Forest Act, 1961 (for short, "the Act") is directed against the judgment of the District Court, Ernakulam in CMA No. 97 of 2010.

(2.) The first respondent is the owner of a mini lorry and the second respondent is the owner of a pick up van. It was alleged that on 18/06/2010, both the above vehicles were used to transport 37 pieces of different species of forest timber illegally felled from the property belonging to one Josepheena @ Thankama, situated in Kuttampuzha Village. The vehicles were seized by the forest officials alleging commission of offences punishable under S.27(d) and (e) of the Act. The mahazar was prepared and Crime No. 8/10 of the Pooyamkutty Forest Station was registered. After investigation, final report was laid before the Judicial First Class Magistrate, Kothamangalam and the crime is pending.

(3.) The first revision petitioner herein, who is the Authorised Officer under S.61A of the Act, initiated confiscation proceedings with respect to both the vehicles. After notice to all concerned, by order dated 09/09/2010, it was held that both the vehicles were used for transporting forest timber and thereby involved in the commission of the forest offences and ordered confiscation under S.61A(2) of the Act. This was challenged by respondents 1 and 2 herein before the District Court, which allowed the appeal by the impugned judgment and ordered release of the vehicles. The legality and correctness of that finding is challenged in this revision.