STATE OF KERALA Vs. VIJAYAN

JUDGEMENT

(1.) The State is on Revision challenging the judgment of the District Judge, Thodupuzha in C.M.A. No.38/2009. The challenge is with regard to the order of confiscation of a lorry bearing No.KL-6D 1242 belonging to the respondent herein, being set aside under Section 61D of the Kerala Forest Act, 1961 (for short "Forest Act").

(2.) The facts in brief are thus:

(3.) This order was challenged before the District Judge, Thodupuzha by filing C.M.A. No.38/2009. The main defence taken by the respondent before the learned District Judge was that no transit pass was required for transporting Elavu logs and that it was exempted under the Transit Rules. It was also argued that no permission is required for cutting and removing of Elavu logs. In view of this, it cannot be said that an offence under the Transit Rules has been committed, authorising confiscation under Section 61A and it was also submitted that at the most, the Government could have proceeded against the owner of the property under the provisions of the Land Conservancy Act, but not under the Forest Act. The learned Government Pleader had come out with the argument that the Elavu trees were standing in the Patta land and the trees were reserved in the name of the Government and transporting such timber, without prior permission, is an offence under the Forest Act and therefore proceedings under Section 61A of the Forest Act is justified.