FAISAL BABU Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) The first accused in OR No.1/18KFS), aggrieved by the judgment in CMA No.13/2018 of the Additional District Judge-II, Manjeri has preferred this revision.

(2.) On 1/1/2018, the revision petitioner was found transporting 14.3 Kgms.of sandal wood logs and cutting pieces in his Maruti Swift car bearing registration No. KL 11 A.F.1020. He himself was driving the vehicle. He was intercepted and after initial formalities, arrested. Contra band was taken into custody and the vehicle was also seized. Subsequently, by order No. A1-262/18 dated 22/3/2018 of the Divisional Officer, Nilambur, after issuing show cause notice to the revision petitioner, the vehicle was ordered to be confiscated under section 61A of the Kerala Forest Act. Case registered against the petitioner as OR No.1/2018 for offences punishable under sections 47B, 47C, 47F, 47G and 57H of Kerala Forest Act is pending. Aggrieved by the above order of confiscation, appeal was preferred before the Additional District Judge, Manjeri. Learned Judge, after hearing both sides, dismissed the appeal confirming the impugned order. The legality and correctness of the above order is assailed in the present revision.

(3.) The specific contention of the learned counsel for the petitioner is that, confiscation proceeding was preceded by a show cause notice, to which a detailed reply was given. Thereafter, it was ordered to be confiscated. The order of confiscation was passed without considering the petitioner's objection and also in total violation of all canons of law, and in breach of the provisions of the natural justice. The appeal was preferred on the premise that the above contentions were reiterated in the revision also.