IMPORTANT POINT
Confiscation under Section 61A of the Kerala Forest Act is only applicable if the forest offence was committed in respect of property belonging to the Government.

ORDER :

The revision petitioner is the appellant in CMA No.19 of 2019 of the District Court, Kalpetta. The Civil Miscellaneous Appeal was filed challenging the order issued by the first respondent under Section 61A of the Kerala Forest Act, 1961('the Act' for short), confiscating the petitioner's auto rickshaw bearing registration No. KL-73-A-4379, on the premise that the vehicle was used for transportation of illegally cut sandalwood logs. The appeal filed against the confiscation order was rejected by the court below, accepting the respondent’s contention that cutting, possession and transportation of sandalwood without permission would fall within the ambit of offences under Sections 47B, 47C, 47F, 47G, 47H read with Section 47(a)(b) and (c) of the Act and hence, Section 52 providing for seizure of the timber and conveyance, and Section 61A, empowering confiscation of the sandalwood, equipments and conveyances, would apply.

2. Learned Counsel for the revision petitioner submitted that the sandal tree was cut from private land belonging to one Paru Mooppathi. As such, the sandalwood was not Government property and it could not have been confiscated under Section 61A of the Act. In support of this contention, reliance is placed on the decisions in Bhargavan v. Divisional Forest Officer (ILR 1994 (2) Ker.442), Moideen K.K. and Another v. Assistant Wildlife Warden, Tholpetty Range and Another [2010 (4)KHC 80], and State of Kerala v. Jossy Sequeria [2017 (9) SCC 316].

3. The learned Special Government Pleader contended that Chapter VIA of the Act contains special provisions relating to sandalwood. Sections 47B therein imposes restriction on cutting and sale of sandal trees and Section 47C prohibits possession and transport of sandalwood and sandalwood oil. As per Section 47H, where an offence is believed to have been committed in respect of any sandalwood, then the sandalwood and the conveyance used for its transportation are liable to be seized under Section 52 and the Sections 61A, 61B, 61C, 61D, 61E, 61F would, mutatis mutandis, apply to such seizure and confiscation. Moreover, possession or transportation of sandalwood in excess of 1 kg is a punishable offence and in the instant case the sandalwood transported in the petitioner's vehicle weighed 26.5 Kgs. Hence, irrespective of whether the sandalwood was cut from private property or not, Section 47H is attracted. Resultantly, the sandalwood and the vehicle used for transportation can be seized under Section 52 and confiscated as per Section 61A of the Act.

4. Indisputably, the sandal tree was cut from private property. No doubt, possession and transportation of sandalwood in excess of 1Kg is an offence punishable under section 47G. It is also true that Section 47H read with Sections 52 and 61A provides for seizure and confiscation of the sandalwood as well as the tools and conveyances with respect to offences involving sandalwood. In this regard it is pertinent to note that, as per Section 52, when there is reason to believe that a forest offence has been committed in respect of any timber or other forest produce, such timber or produce, together with all tools, rocks, chains, boats, vehicles and cattle used in committing any such offence can be seized by any Forest Officer or Police Officer. If the timber thus seized is believed to be the property of the Government, then the timber, along with the tools and conveyance seized, should be produced before the officer authorised to order confiscation. The authorised officer can thereupon order confiscation of the property thus produced or seized by him under Section 52, together with all tools, rocks, chains, boats, vehicles and cattle used in committing such offence, if he is satisfied that a forest offence has been committed in respect to such property. The term 'such property' in the context of section 61A means ‘property of the Government’. Thus, Section 52 provides for seizure of any timber or other forest produce with respect