STATE OF KERALA Vs. SUKUMARA PANICKER

JUDGEMENT

(1.) State of Kerala petitioner in OP No. 8122 of 1985-D- is the appellant in this Writ Appeal. The Original Petition was filed to quash Ext. P2 order passed by the District Judge, Thodupuzha in disposing of the appeal (CMA No. 28 of 1983), filed under S.61D of the Kerala Forest Act, preferred against Ext. P1 order dated 20-10-1983 of the Authorised Officer Divisional Forest Officer, Munnar, Devicolam confiscating vehicle KEE. 8538. The registered owner of the said vehicle (Tempo Van) was the first respondent in the OP. and is also the first respondent in this Writ Appeal.

(2.) The short facts, necessary for the disposal of this Writ Appeal, are as follows:

(3.) We heard the learned Advocate General, who appeared for the appellant State, as also Mr. M. M. Abdul Aziz, who appeared for the first respondent. The learned Advocate General contended that the Division Bench decision of this Court in Pushpan's case (1984 KLT 1021) requires reconsideration. It was argued that regard being had to the object and scheme of the Act. once it is found that a forest offence has been committed in respect of any property, it is open to the authorised officer to order confiscation of the property seized along with all tools, including the vehicle, which was used in committing the offence. There need not be any proportion between the value of contraband goods carried in the vehicle and the value of the vehicle. The value of the vehicle is totally an irrelevant consideration. On the other band. Mr. M. M. Abdul Aziz, counsel for the first respondent, submitted that the power to confiscate the vehicle, in exercise of the powers under S.61A(2) of the Act. is really discretionary and the only criterion to be adopted is whether the value of the contraband goods is substantial compared to the value of the vehicle. In the alternative, Mr. Aziz submitted that in exercising the power under S.61A(2) of the Act. the value of the contraband goods carried in the vehicle compared to the value of the vehicle is a very relevant factor to be considered. It is not irrelevant.