Revision petitioner is the registered owner of a mini lorry bearing registration No.KL-7/Q-88946. Lorry was seized by the Sub Inspector of Police, Erattupetta while it was transporting timber logs without any valid documents and handed over to the Forest Ranger Officer, Erumely for further action as per Forest Act. Articles were produced before the Authorised Officer, Divisional Forest Officer, Kottayam on 23-8-1999 for initiating proceedings under Section 61A of the Kerala Forest Act, 1961. During the course of investigation revision petitioner filed OP.22578/99 for getting the vehicle released and this Court vide judgment dated 7-9-1999 directed release of the vehicle on furnishing sufficient security. Vehicle was released on the original title deed No.431 relating to 4 acres of land owned by the petitioner and encumbrance certificate issued by the Sub Registrar, Rajakumari and after executing a bond.

2. Enquiry revealed that the timber logs transported were illegally collected by felling one big green venteak tree which stood in the coffee plantation, within the cardamom Hill Reserve which is a notified Reserve Forest, A stump mahazar was prepared by the Forest Officer on 25-8-1999 for the illicit felling and removal of the timber. The case was transferred from Erumeli Ranger to Kumily Forest Range by the Divisional Forest Officer, Kottayam as per order No.A2-5356/99 dated 21-2-2000 and registered as OR. 73/99 in Kumily Forest Range. The Forest Range Officer, Kumily investigated the case and submitted the investigation report vide letter No. OR 73/99 dated 27-1-01. Investigating Officer recommended confiscation of mini lorry No.KL-7/Q 8946 along with 80 pieces of timber logs to Government under Section 61A of Kerala Forest Act 1961.

3. The D.F.O. then issued a show cause notice dt. 19-2-2001 to the registered owner and others explaining the grounds leading to the confiscation proceedings. Opportunity of hearing was also afforded to the registered owner and others. Notices were returned unclaimed. The D.F.O. Considering all aspects of the matter passed an order dt. 27-3-2001 confiscating the vehicle and the materials transported as per Section 61A of the Kerala Forest Act, 1961.

4. Aggrieved by the said order registered owner took up the matter before the District Judge, Kottayam. Learned District Judge found no illegality in the confiscation proceedings and upheld the order. The fact that lorry has been used to commit the offence cannot be disputed. It is the duty of the registered owner and others to produce relevant documents to show that the goods were transported with valid permit. They could not prove the same. On the other hand, the pass produced No.22-1998-99 was issued before 31-3-1999 and the pass was valid only for a period of four months. Seizure of the vehicle and the contraband articles in this case was on 22-8-1999. Pass did not cover goods transported. So found by the forest officers as well as by the District Judge. I therefore find no illegality in the order of the Divisional Forest Officer which was confirmed by the District Judge.

5. Counsel appearing for the petitioner submitted that in any view of the matter there is no justification in confiscating the vehicle since there is no comparison between the value of the vehicle and the timber seized. Such a ground was taken by the petitioner in ground D of the revision petition and tried to apply the decision in Pushpan v. State (1984 KLT 1021). The fact that such a decision was overruled has not been stated in the revision petition. In ground E of the revision petition petitioner has also referred to the decision in W.A. No.2521 of 1998. It is also stated that the value of the timber is Rs.4000/- and the value of the vehicle assessed by the Assistant Executive Engineer is Rs. 1,59,931/-.

6. The Divisional Forest Officer has filed a counter affidavit wherein it has been stated that the value of the timber seized is Rs. 20,000/-. Further it is also stat