M K SASIDHARAN Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) Question that has come up for consideration is whether second respondent is disabled from proceeding with Section 61-A of the Kerala Forest Act, 1961, if there is failure on the part of the Authorised Officer in reporting the seizure to the Magistrate in accordance with Section 52(2) of the Act.

(2.) Idukki Flying Squad Range Officer got information of illegal transportation of forest produce from the Cardamom Hill Reserve near Kizhakke Mattukada. The Range Officer and his staff intercepted Jeep bearing registration No. KL-6-1511/ carrying Choorapathri timber on 10-11-1997. Timber seized did not bear any Government stamp mark or any private property mark. As soon as the jeep was intercepted, driver and certain persons, who were in the jeep, escaped and they could not be apprehended. Vehicle and the timber logs were seized and the matter was reported by the Officer to the Divisional Forest Officer, Kottayam, vide his letter dated 11-11-1997, along with the mahazar dated 10-11-1997, to take further action under Section 61-A of the Forest Act. Copy of the letter was also forwarded to the Divisional Forest Officer, Flying Squad, Idukki, as well as to the Forest Range Officer, Kumily. Jeep and the timber were kept in safe custody at the office of the Ayyappancoil Range.

(3.) The department was unaware of the whereabouts of the registered owner, and no person came forward to claim the vehicle. Divisional Forest Officer, Kottayam, then sent a letter No. A2/10726/97 dated 12-11-1997 to the Regional Transport Officer, Idukki for ascertaining the details of the registered owner. Regional Transport Officer, Idukki vide his letter dated 16-12-1997 directed the second respondent to contact the Joint Regional Transport Officer, Vandiperiyar. Copy of the said letter was also forwarded to the Joint Regional Transport Officer, Vandiperiyar. The Joint Regional Transport Officer, Vandiperiyar vide his letter dated 13-1-1998 informed the second respondent that the registered owner of the vehicle is one M. A. Ravindran, as per the records kept in that office.