JUDGMENT :

1. The short point that arises in this case is whether a vehicle can be seized or confiscated merely on an apprehension that transportation of red earth in the vehicle is for reclamation of paddy land or wetland. This question arises unless the Kerala Conservation of Paddy Land & Wetland Act, 2008 (hereinafter called Paddy Act, 2008). It is appropriate to refer Section 19 of Paddy Act, 2008 which reads thus:

“Power of entry and seizure.- (1) Any officer of the Revenue Department not below the rank (of Village Officer) or any Officer authorised by the Government in this behalf or any police officer not below the rank of a Sub-Inspector, with a view to ensure the compliance of the provisions of this Act, may enter and search any premises and seize any vessel, vehicle or any other conveyance (or any clay, sand, earth etc., removed from the paddy land or wetland or any brick, tile made of all or any of them) or machinery used or deemed to have been used for any activity in contravention of the provisions of this Act, and a report regarding such seizure, whether prosecution proceedings have been initiated or not, shall be given to the (District Collector) having jurisdiction o