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,