IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 16754 of 2004(T) -------------------------- PETITIONER(S): --------------- M.K. SOMAN, S/O. KARUNAKARAN, PUTHUPARAMBIL HOUSE, PUTHENCHANTHA, MUNDAKKAYAM. BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE DIVISIONAL FOREST OFFICER, KOTTAYAM. 2. THE DIVISIONAL FOREST OFFICER, KOTTAYAM. 3. THE FOREST RANGE OFFICER, ERUMELY (OR.39/98) SPL. GOVERNMENT PLEADER (FOREST) SRI. POULOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE ORDER DATED 12.2.1999 IN PROCEEDINGS NO. A2-8871/98 CONFISCATING JEEP NO. KLO 9721 EXT.P2 PHOTOSTAT COPY OF THE ORDER DATED 6.3.2004 IN CMA NO.84 OF 1999 OF THE ADDL. DISTRICT JUDGE, THODUPUZHA. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 16754 OF 2004 -------------------------------------------- Dated this the 23rd day of July, 2009 JUDGMENT Petitioner is challenging Ext.P1 confirmed by Ext.P2 order whereunder the jeep involved in the forest offence is confiscated in adjudication proceedings. Even though petitioner claims that jeep was empty and only mini lorry carried rose wood logs, claim is not tenable because mahazar proves beyond doubt that one log of substantial size of rose wood was available in the jeep. The size of rose wood log found in the jeep is 91 cms girth and 151 cms length. The jeep was going in front of another mini lorry which carried several logs of rose wood, which vehicle was also confiscated by the department. Not only that petitioner's contention does not stand proved, but also that petitioner has no explanation justifying circumstances in which jeep was found passing through the forest area at 4 O' clock in the morning. I do not find any justification to interfere with the finding of fact rendered by the adjudicating officer based on which confiscation was made. However, I make it clear that since petitioner was allowed to use 2 the vehicle for several years, under interim orders of this Court, there will be direction to respondents 2 and 3 to treat the confiscation as notional, encash the Bank guarantee and deposit the amount in treasury towards value of the jeep involved in the offence. Petitioner will be allowed to use the jeep on respondents 2 and 3 encashing the Bank Guarantee. If Bank Guarantee is released on surrendering of the jeep, which is virtually scrap now, then the concerned forest official will be liable to pay to the Government the differential value between the amount covered by the Bank Guarantee and the sale proceeds of the old jeep. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3