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1999 Supreme(Ker) 625

OM PRAKASH, JACOB BENJAMIN KOSHY
Divisional Forest Officer – Appellant
Versus
Amina – Respondent


JUDGMENT

Om Prakash, C.J.

1. Head counsel for the parties.

2. This appeal is filed by the Forest authorities impugning the judgment dated 17-7-1998.

3. The facts are that the petitioner owns a tractor which, according to the appellants, was involved in some offences allegedly committed under the Forest Act. The petitioner was, therefore, asked by the authorities of the Forest Department to produce the tractor in forest office. The controversy centres around the interpretation of S.52 of the Kerala Forest Act, S.52 simply states that when there is reason to believe that a forest offence has been committed in respect of any timber or other forest produce, vehicles used in committing any such offences may be seized by any Forest Officer or Police Officer along with all articles being used in committing the offence. The question for consideration is whether the respondent owner of the vehicle could be asked to produce the tractor long after the commission of the alleged offence. On a plain reading of S.52, it is clear that the vehicles could be seized by the forest authorities or police officers if that was found to be involved in committing the offence. S.52 does not confer any power on t

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