IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 CRP.No. 1082 of 2005() ---------------------- ( CMA.110/2003 of I ADDL. DISTRICT COURT, PALAKKAD OR. 2/2003 OF DFO, MANNARKKAD. ) REVN. PETITIONER: APPELLANT. ---------------------------------------------------- JAYAPRAKASH, AGED 31 YEARS, S/O.KRISHNAN, THOTTAKKAD VEEDU, KOTTIYUR KUNNU, MUKKALY P.O. MANNARKKAD. BY ADV. SRI.C.C.THOMAS RESPONDENT/RESPONDENT/ STATE. ----------------------------------------------------------- STATE OF KERALA, REPRESENTED BY DIVISION FOREST OFFICER, MANNARKKAD DIVISIONAL FOREST OFFICE, PALAKKAD DISTRICT. BY SPL. GOVERNMENT PLEADER SHRI M.P. PRAKASH. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO. 3037 OF 2005 IN C.R.P. NO. 1082 OF 2005 DISMISSED. 21.01.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 1082 OF 2005 ................................................................................... Dated this the 21st January, 2008 O R D E R The petitioner challenges in this Revision, the judgment dated 24th September, 2005 in C.M.A.No. 110 of 2003 on the file of the court of the District Judge, Palakkad, by which the appeal filed by the petitioner against the order dated 15.05.2003 passed by the Divisional Forest Officer, Mannarkkad under section 61(A) of the Kerala Forest Act , was confirmed by the learned District Judge. 2. On 14.01.2003, the vehicle belonging to and driven by the petitioner (KL..9D/1552 jeep ) was intercepted by the Deputy Superintendent of Police , Narcotic Cell, Palakkad . It was found that 30 Kg of Sandalwood chips were being transported in the jeep. A mahazar was prepared. The records were placed before the Divisional Forest Officer for further proceedings under the Kerala Forest Act. Proceedings under Section 61A of the Act were taken against the petitioner and one Majeed who was found travelling in the jeep. Majeed did not appear before the Divisional Forest Officer. The petitioner appeared and filed objections . He stated that he was not aware of the illegal transportation of the forest produce by Majeed. The petitioner was told that medicinal plants were being transported and he believed that statement, it was stated. 3. The authorised officer did not accept the defence put forward by the petitioner. It was found that the vehicle was used for transportation of the forest produce and the petitioner knew that it was so being used. On appeal, the learned District Judge, confirmed the order passed by the authorised officer. C.R.P. No. 1082 OF 2005 2 4. It is not disputed that Sandalwood chips were seized from the vehicle. The incident was at 10.15 p.m. on 14.01.2003 . Before seizing the vehicle, the petitioner had driven the vehicle for about half an hour with the contraband articles inside the jeep. When Sandalwood is being transported in a vehicle like jeep, the driver would definitely know that sandalwood is inside the sack unless it is covered by something else. Here, in the present case, sandalwood, as such, was seen and nothing was coated on it to avoid smell coming out. Therefore, the case put forward by the petitioner that he was not aware of the fact that sandalwood was being transported, cannot be accepted as true. The facts and circumstances of the case and the materials on record were considered by the authorised officer as well as by the appellate court. The authorised officer and the court below rightly came to the conclusion that the petitioner failed to take reasonable and necessary precaution against his vehicle being used for transporting forest produce. No grounds are made out to invoke the revisional jurisdiction of this court. The Civil Revision Petition lacks merit and it is accordingly dismissed. No order as to costs. K.T. SANKARAN, JUDGE. lk C.R.P. No. 1082 OF 2005 3 K.T. SANKARAN, J. ........................................................ C.R.P. No. 1082 OF 2005 ......................................................... Dated this the 21st January, 2008 O R D E R