DISTRICT FOREST OFFICER Vs. M IRULAPPAN

JUDGEMENT

(1.) THE appellant is the respondent in the writ petition (hereinafter referred to as "the Forest Department") filed by the respondent herein (hereinafter referred to as "the writ petitioner"), challenging the power of the Forest Department to confiscate the vehicle of the writ petitioner under the provisions of the Tamilnadu Forest Act (hereinafter referred to as "the Act" ).

(2.) CONCEDEDLY, action was initiated against the writ petitioner for having attempted to hunt in contravention of the provisions of the Act and the same was compounded by the Forest Department themselves invoking the power conferred under Section 54 of the Act. However, the Forest Department did not release the vehicle used for the said contravention of the provisions of the Act, but confiscated the same by an order dated 1. 2. 2000, which is impugned in W. P. No. 8813 of 2000.

(3.) ACCORDING to the Forest Department, the vehicle, vessels, weapon, trap or tool which are used for committing an offence are liable to be seized as per Section 39 (1) (d) of the Act, and the animal or any vehicle, vessel, weapon, trap or tool used in such hunting shall be the property of the Central Government as per Section 39 (1) (b) of the Act, and therefore, it is contended that the impugned vehicle of the writ petitioner, namely Jeep bearing registration No. TN-33-E-5979 was rightly confiscated by the Forest Department.