O R D E R

Two Mahindra Pickup Jeeps belonging to the petitioner were seized by forest officials on 03.01.2015 on the allegation that the vehicles were being used for illegal transportation of timber cut down from the Uppukunnu Girijan settlement. Later, the petitioner was issued with notice under Section 61B of the Forest Act proposing to confiscate the vehicle. In spite of the explanation offered, the authorised Officer passed an order of confiscation under Section 61A of the Act. The appeal preferred against that order also being dismissed, this revision petition is filed.

2. Apart from attacking the confiscation on other grounds, learned Counsel for the petitioner contended that the value of the timber seized from the petitioner's vehicles being only Rs.3,500/-, confiscation of the vehicles is a grossly disproportionate penal action. Referring to Section 61A (2), it is contended that the legislature has consciously used the word 'may' in relation to the power of confiscation, so as to vest the Authorised Officer with the discretion to decide whether the vehicle is to be confiscated or not. Therefore, in appropriate cases the authorised Officer can release the vehicle uncondition