Sunil Thomas, J.

1. This revision at the instance of the Divisional Forest Officer and the forest officials of the Kerala Government, filed under Section 61D of the Kerala Forest Act, 1961 (for short, "the Act") is directed against the judgment of the District Court, Ernakulam in C.M.A. No. 97 of 2010. The first respondent is the owner of a mini lorry and the second respondent is the owner of a pick up van. It was alleged that on 18.06.2010, both the above vehicles were used to transport 37 pieces of different species of forest timber illegally felled from the property belonging to one Josepheena @ Thankama, situated in Kuttampuzha Village. The vehicles were seized by the forest officials alleging commission of offences punishable under Section 27(d) and (e) of the Act. The mahazar was prepared and Crime No. 8/10 of the Pooyamkutty Forest Station was registered. After investigation, final report was laid before the Judicial First Class Magistrate, Kothamangalam and the crime is pending.

2. The first revision petitioner herein, who is the authorized officer under Section 61A of the Act, initiated confiscation proceedings with respect to both the vehicles. After notice to all co