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1993 Supreme(Ker) 8

THOMAS
Joseph – Appellant
Versus
Authorized Officer – Respondent


Judgment :-

The short question is this: Can a party, in proceedings for confiscation of vehicles and/or other articles seized under the provisions of the Kerala Forest Act, 1961 (for short 'the Act') claim that he has a right to cross-examine the officials involved in the seizure. Petitioners in this Original Petition claim such a right on the premise that denial of the opportunity to cross- examine would violate principles of nature justice.

2. A jeep, while transporting leak timber, was seized by the forest officials on 29-3-92. Second petitioner is the registered owner of the jeep and first petitioner claims ownership of the timber. Divisional Forest Officer, as Authorized Officer under the Act, issued a notice to both the petitioners calling upon them to show cause why the jeep as well as timber should not be confiscated under S.61 A of the Acton the allegation that the timber was illegally collected from government forest and that the jeep was used to transport the limber. Reference was made in the said notice to a report submitted by the Forest Range Officer concerned. First Petitioner, instead of submitting his explanation, filed two petitions before the Divisional Forest Off












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