STATE OF KERALA Vs. ANCY PHILIP

JUDGEMENT

(1.) This appeal is at the instance of the State of Kerala and two of its officers challenging the judgment of the learned Single Judge in O.P.No.25171 of 1999. The subject matter of the Original Petition was certain timber alleged to be forest produce, which was seized by the forest officials from the custody of the respondents. The respondents filed the Original Petition seeking release of the timber and a direction to the appellants to issue pass and permit enabling them to transport the timber. The appellants resisted the Original Petition on the ground that the timber in question belonged to the Government, which was illegally cut and tried to be removed by the respondents. Since the same involved forest offences, the respondents are not entitled to the reliefs prayed for, according to the appellants. Although the learned Single Judge accepted the contentions of the appellants, he directed that the officer who has registered the case shall, after taking necessary steps, produce the timber in question before the appropriate court within one month from the date of receipt of a copy of the judgment. This judgment of the learned Single Judge is impugned by the appellants on the ground that by virtue of the provisions of the Kerala Forest Act, the appellants are not bound to produce the timber before the court.

(2.) We have heard counsel on both sides in detail.

(3.) The contention of the learned Special Government Pleader (Forests) appearing for the appellants is that by virtue of Section 61A of the Kerala Forest Act, the timber in question is liable to confiscation and therefore the appellants need not produce the timber before the court but need only file a report regarding the seizure thereof. In support of this contention, the Special Government Pleader relies on Sections 52 and 54 of the Kerala Forest Act, 1961. She would submit that under Section 52(2), an officer seizing any timber in respect of a forest offence believed to have been committed under Sub-section (1), shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. According to the learned Government Pleader, on such report being filed, the Magistrate is to take such measures as may be necessary for the trial of the accused as provided under Section 54. She lays stress on the provisions of Section 53 whereby any forest officer of a rank not inferior to that of a Ranger has powers to release tools, boats, vehicles or cattle under Section 52 to the owner thereof on execution of a bond for production of the property so released, if and when so required before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made,