NOUSHAD Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) It is alleged that the petitioner had dumped poultry waste in reserve forest, for which a case has been booked against the petitioner. The petitioner wanted to get it compounded. The forest official has demanded the production of the vehicle for permitting the compounding of the offences for initiating confiscation proceedings under Section 55 of the Kerala Forest Act, 1961(for short, "the Act") .

(2.) As per Section 52 of the Act, when there is reason to believe that a forest offence has been committed in respect of any timber or other forest produce, such timber or produce, together with all tools, ropes, chains, boats, vehicles and cattle used in committing any such offence may be seized by any Forest Officer or Police Officer. On such seizure, they are liable to be confiscated under Section 61A of the Act. The 'forest offence' mentioned in Section 52 of the Act does not include all forest offences; whereas such forest offence should be one in respect of 'any timber or other forest produce'. A mere trespass into the reserve forest is not a 'forest offence' dealt with in Section 52 of the Act.

(3.) As per Section 55(1) of the Act, when any person is convicted of a forest offence, all timber or other forest produce in respect of which such offence has been committed and all tools, ropes, chains, boats, vehicles, cattle or any other article used in committing such offence shall be liable, by order of the convicting Magistrate to confiscation. The terms 'all timber or other forest produce in respect of which such offence has been committed' should be read conjointly.