The central legal point established in the judgment is the interpretation of the definition of 'forest produce' and the confiscation provisions under the Kerala Forest Act, 1961, and their application to the ownership and confiscation of seized items.

ORDER :

The respondent preferred a Civil Revision Petition forming the subject matter of C.R.P.No.1435/2000(B), assailing the order passed in C.M.A.No.113/1999 by the District Judge, Wayanad, Kalpetta. It was alleged that the respondent had unauthorisedly collected and stored elephant tusks and unlicensed gun and other accessories. A case was registered as O.R.No.4/1998 with Sulthanbathery Range. The Jeep bearing registration number KL/12/A/316 belonging to the respondent was seized by the Assistant Wild Life Warden, Sulthanbathery from a workshop where it was kept for repairs. A criminal proceeding was also initiated against the respondent under the Kerala Forest Act, 1961 (for brevity, ‘the 1961 Act’). It is not in dispute that the respondent has been acquitted in that case.

2. The Assistant Wild Life Warden, Sulthanbathery directed for confiscation of the items seized and the Jeep belonging to the respondent. The said order was challenged before the District Judge, Wayanad, who came to hold that the elephant tusk was not a forest produce, and accordingly remanded the matter to the authority of first instance. The appellate authority, while remanding the matter, opined that there was no clinching evidence on record to arrive at the finding that it was a Government property and further the presumption as contemplated under S.69 of the 1961 Act could not be attracted.

3. Being grieved by this order of remand, the respondent preferred a civil revision and the learned single Judge of the High Court came to hold that the presumption was not attracted and further the elephant tusk was not a forest produce, for it was not mentioned in the definition as a forest produce or under S.61A of the 1961 Act.

4. Section 2(f) of the 1961 Act that defines ‘forest produce’, reads as follows:-

“2(f) “forest produce” includes–

(i) the following whether found in or brought from, a forest or not, that is to say-timber, charcoal, wood oil, gum, resin, natural varnish, bark, lac, fibres and roots of sandalwood and rosewood; and

(ii) the following when found in, or brought from, a forest, that is to say,-

(a) trees and leaves, flowers and fruits, and all other parts or produce not herein before mentioned, of trees;

(b) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants; and

(c) silk cocoons, honey and wax;

(d) peat, surface oil, rock and minerals (including limestone, laterite), mineral oils and all products of mines or quarries.”

5. Section 61A provides for confiscation by forest officers in certain cases. It reads as follows:-

“61A. Confiscation by Forest Officers in certain cases.–

(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, where a forest offence is believed to have been committed in respect of timber, charcoal, firewood or ivory which is the property of the Government, the officer seizing the property under sub-section (1) of Section 52 shall, without any unreasonable delay, produce it, together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence, before an officer authorized by the Government in this behalf by notification in the Gazette, not being below the rank of an Assistant Conservator of Forests (hereinafter referred to as the authorized officer).

(2) Where an authorized officer seizes under sub-section (1) of Section 52 any timber, charcoal, firewood or ivory which is the property of the Government, or where any such property is produced before an authorized officer under sub-section (1) of this section and he is satisfied that a forest offence has been committed in respect of such property, such authorized officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence.”

6. Learned counsel for the appellant would submit that if S.61A is apposite