1. This appeal is directed against the judgment in OP. No. 6346 of 1983. The writ petition was for quashing Ext. P2 judgment of the 2nd respondent, the District Judge, Ernakulam, in CMA. No. 36 of 1983 dated 22-7-1983, reversing the order of confiscation of the tempo van involved in the case by the Divisional Forest Officer, Malayattur, the authorised officer under the Forest Act. The appellant was the hirer in respect of the vehicle. The authorised officer by his proceedings Ext. P1, ordered confiscation, as it was, according to him, found to carry contraband article, that is to say, timber which belonged to the Forest. On appeal, the District Judge, after having considered the evidence adduced before him, recorded the following findings:

"(i) The value of the Tempo Van used for the commission of the forest offence is Rs. 80,000/-whereas the value of the timber that was illicitly carried in the van is only Rs. 200/-;

(ii) The case of the registered owner of the van, the hirer and the driver that they have taken all reasonable and necessary precautions against the use of the van for committing the forest offence has been accepted by the Authorised Officer;

(iii) The cleane