IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 15972 of 2008(B) -------------------------- CMA.183/2002 of ADDL. DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER(S): --------------- STATE OF KERALA, REPRESENTED BY THE CONSERVATOR OF FORESTS, SOUTHERN CIRCLE, KOLLAM. BY SPL.GOVERNMENT PLEADER SRI.M.P.PRAKASH RESPONDENT(S): --------------- P.PRADEEP KUMAR, ADIMURIYIL HOUSE, MANGARAM, KONNI VILLAGE, PATHANAMTHITTA. ADV. SRI.S.SHANAVAS KHAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.15972 /2008 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF PROCEEDINGS NO. KNC1-647/1998 DATED 18-7-02 OF THE DIVISIONAL FOREST OFFICER, KONNI EXT.P2 TRUE COPY OF JUDGMENT DATED 14-8-07 IN CMA.NO.183/2002 OF ADDL. DISTRICT COURT, PATHANAMTHITTA /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) .No. 15972 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2009 JUDGMENT This writ petition under Article 227 of Constitution filed by the State represented by Conservator of Forests, Southern Circle, Kollam challenging Ext.P2 order of Additional District Judge, Pathanamthitta in C.M.A.No.183/2002 dated 14-08-2007. The facts in brief are these : On January 9, 1998, the officers of Naduvathumuzhy Forest Range found two teak trees cut from forest area. Mahazer was prepared and crime OR.No.3/1998 was registered. The Range officer conducted an investigation and found that the vehicle bearing Reg. Nos. KL 7 R 2948 and KL 8 A 1071 were involved in transportation of the timber. Mini Lorry bearing Reg. No.KL 7 R 2948 was seized on January 21, 1998 and as per the directions contained in the judgment of this court in O.P.No.1091/1998 it was released to the respondent. The authorised officer after issuing notice to the parties confiscated the timber and vehicle by Ext.P1 order dated 18-07-2002. Respondent WPC.NO.15972/08 Page numbers herein challenged the said order in C.M.A.No.183/2002 before the Additional District Judge, Pathanamthitta . The District Judge by Ext.P2 judgment dated 14/08/2007 set aside the order of the authorised officer. Now the State has filed this writ petition challenging the said judgment. 2. The Government Pleader appearing for the State mainly contended that the learned District Judge relied on the decision in State of Kerala v. Ancy Philip ( 2006(1) KLT 699) wherein it has been held that authorised officers are bound to produce the timber involved in the forest offence before the Magistrate for successful prosecution and only thereafter confiscation as contemplated under Section 61 A of the Kerala Forest Act can be done, that the said decision has been overruled by the Apex Court in State of Kerala v. Ancy Philip (2008 (3) KLT 477(SC) and that therefore the impugned order has be to set aside. 3. Counsel for the respondent would argue that the confiscation order was ordered mainly on the basis that second accused Santhosh was the driver of the said mini lorry during the said period WPC.NO.15972/08 Page numbers and that he has given a statement to that effect to the authorised Range Officer which cannot be accepted. 4. When the writ petition came up for hearing, respondent produced trip sheet of the said offending vehicle which shows that one Francis was the driver of the vehicle and not Santhosh. 5. Under these circumstances, I set aside the impugned order and remand the matter to the District Court for considering it afresh in the light of the documents produced by the respondent. In the result, the impugned order dated 14-08-2007 in C.M.A.No.183/2008 is set aside and the matter is remanded to the Additional District Court, Pathanamthitta for considering it afresh in the light of the documents produced by the respondent. The documents produced by the respondent is returned to the respondent . Respondent shall produce it before the lower court. The Additional District Judge, Pathanamthitta shall dispose of the matter as early as possible, but not later than six months from the date of receipt of a copy of this judgment. P.Q.BARKATH ALI JUDGE sv. WPC.NO.15972/08 Page numbers