STATE OF KERALA Vs. MATHEW

JUDGEMENT

(1.) During the early hours of 14th February, 1990 a pick up van was intercepted by a police patrol party as the van was transporting sawn timber pieces. As the police were satisfied that the vehicle was being used for illicit transportation of forest produce, they seized the vehicle as well as the contraband timber and handed them over to the Divisional Forest Officer ('DFO' for short). Driver of the van and two other passengers therein were arrested. The D.F.O. initiated proceedings for confiscation of the vehicle as it was used for committing a forest offence. After hearing the owner of the vehicle the D.F.O. ordered confiscation of both (timber pieces and the van) as per S.61A of the Kerala Forest Act (for short 'the Act'). The order of confiscation (Ext. P1) was challenged by the vehicle owner in appeal filed under S.61D of the Act. Learned District Judge, who heard the appeal, allowed it and annulled the order of confiscation of the vehicle (Ext. P2 judgment). State of Kerala filed the present Original Petition in challenge of Ext. P2. As it was dismissed by the learned single Judge, this appeal has been filed before the Division Bench under Sec.5 of the Kerala High Court Act.

(2.) Though the District Judge found that the vehicle was used for committing a forest offence, he took view that owner of the vehicle (first respondent) has satisfied the conditions in S.61-B of the Act and on that premise annulled the confiscation order. Learned District Judge has mentioned in Ext. P2 judgment that first respondent had no knowledge that contraband timber was loaded in the van and that he had given instructions to the driver that timber unsupported by pass should not be carried in the vehicle.

(3.) Learned Government Pleader contended that findings of the District Judge, even if sustained, are insufficient to annul the confiscation order in as much as there is no finding that driver of the vehicle was also unaware of the illicit transportation of forest produce.