Question involved in these Writ Petitions is as to whether an authorised officer of the Forest Department has got power to release the vehicle seized pending confiscation proceedings under Section 61A of the Kerala Forest Act, 1961, hereinafter called the 'Act'. In all these cases, forest authorities took the view that pending confiscation proceedings, they have no power to release the vehicle, if the offence is believed to have been committed in respect of timber, charcoal, firewood or ivory which is the property of the Government.

2. Chapter VIII of the Act deals with offences, penalties and procedure. Section 52 of the Act authorises Forest Officer or Police Officer, when there is reason to believe that a forest offence has been committed in respect of any timber or other forest produce, to seize such timber or produce, together with all tools, ropes, chains, boats, vehicles and cattle used in committing any such offence. Officer who is seizing the property under sub-section (1) shall place on such property or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall as soon as may be make a report of such seizure