Thomas, ag. CJ.

During the early hours of 14th February, 1990 a pick up van was intercepted by a police patrol party as the van was transporting sawn timber pieces. As the police were satisfied that the vehicle was being used for illicit transportation of forest produce, they seized the vehicle as well as the contraband timber and handed them over to the Divisional Forest Officer ('DFO' for short). Driver of the van and two other passengers therein were arrested. The D.F.O. initiated proceedings for confiscation of the vehicle as it was used for committing a forest offence. After hearing the owner of the vehicle the D.F.O. ordered confiscation of both (timber pieces and the van) as per Sec. 61-A of the Kerala Forest Act (for short 'the Act'). The order of confiscation (Ext. P1) was challenged by the vehicle owner in appeal filed under Sec. 61-D of the Act. Learned District Judge, who heard the appeal, allowed it and annulled the order of confiscation of the vehicle (Ext. P2 judgment). State of Kerala filed the present Original Petition in challenge of Ext. P2. As it was dismissed by the learned single judge, this appeal has been filed before the Division Bench under Sec.