1. State of Kerala petitioner in OP No. 8122 of 1985-D- is the appellant in this Writ Appeal. The Original Petition was filed to quash Ext. P2 order passed by the District Judge, Thodupuzha in disposing of the appeal (CMA No. 28 of 1983), filed under S.61D of the Kerala Forest Act, preferred against Ext.P1 order dated 20-10-1983 of the Authorised Officer Divisional Forest Officer, Munnar, Devicolam confiscating vehicle KEE. 8538. The registered owner of the said vehicle (Tempo Van) was the first respondent in the OP. and is also the first respondent in this Writ Appeal.

2. The short facts, necessary for the disposal of this Writ Appeal, are as follows:

" The first respondent, a retired Constable, was the owner of a tempo van No. KEE. 8538 The van was used to transport 36 pieces of teak materials without a valid permit. The transport was admitted. But, the first respondent pleaded that he was not aware of the fact that the transport of teak was not supported by any valid permit. After enquiry, the Authorised Officer found that the van was used for the commission of a forest offence, with the knowledge of the driver-cum-owner for the transport of 36 Nos. of teak pieces illi