NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.269 OF 2008

State of Kerala  ….Appellant(s)

VERSUS

Jossy Sequeria                  …Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1) This  appeal  is  filed  by  the  State  of  Kerala

against the final judgment dated 23.03.2006 passed

by the High Court of Kerala at Ernakulam in C.R.P.

No. 1924 of 2003 wherein the High Court allowed

the revision petition filed by the respondent herein

and quashed the confiscation order.  

2) The controversy involved in the appeal is short.

However, few facts need mention to appreciate the

issue involved.

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3) The  appellant  is  State  of  Kerala.  On

29.11.1998,  the  police  sleuths  seized  3  bags  of

sandalwood weighing 20 Kg. from one Jeep bearing

Registration No. KA-12-2932.  Basheer-the driver of

the  Jeep  was  arrested  and  handed  over  to  the

custody  of  Assistant  Wild  Life  Warden,  Tholpetty.

The Jeep was also handed over to the said authority

for further action in the case.  

4) On  investigation,  it  was  revealed  that  the

respondent is the owner of the Jeep. His statement

was accordingly recorded. The authority concerned,

on investigation,  prima facie found that  the  forest

produce seized was a Government property and the

same was being illegally transported in the Jeep.  

5) A show cause notice was accordingly issued to

the respondent on 06.03.1999 to appear before the

authorized  officer.  The  respondent  was  heard.

Finding no satisfactory reply, the authorized officer

confiscated the forest produce and the Jeep under

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Section  61-A  of  the  Kerala  Forest  Act,  1961

(hereinafter referred to as “the Act”) by order dated

30.04.1999.

6) The  respondent,  felt  aggrieved  of  the  order

dated 30.04.1999, filed appeal before the Additional

District  Judge  Wayanad.  By  order  dated

07.04.2003,  the  Appellate  Court  dismissed  the

appeal. The respondent, felt aggrieved of the order of

the Appellate Court, filed revision petition before the

High Court.  

7) By  impugned  order,  the  High  Court  allowed

the revision and quashed the confiscation order. It

is against this order of the High Court, the State of

Kerala  has  felt  aggrieved and filed  this  appeal  by

way of special leave before this Court.  

8) Having  heard  the  learned  counsel  for  the

parties and on perusal of the record of the case, we

find no merit in the appeal.

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9) We find that the High Court while allowing the

respondent's  revision  petition  for  quashing

confiscation  order  had  placed  reliance  on  the

decision of the Kerala High Court in Bhargavan vs.

Divisional Forest Officer, 1994(2) KLT 29. We have

perused the decision rendered by the Kerala High

Court in the case of  Bhargavan (supra) wherein the

High  Court  (Single  Judge)  on  somewhat  similar

facts alike herein interpreted Section 61-A of the Act

read  with  the  Rules  and  had  quashed  the

confiscation order impugned therein.

10)  We are in agreement with the reasoning of the

High  Court  recorded  in  the  case  of  Bhargavan

(supra).   In this view of the matter, the High Court

in this case was justified in deciding the issue in the

light of law laid down by the Kerala High Court in

Bhargavan's case (supra).

11)  We also find in this case that the Courts below

held  on  facts  that  firstly,  the  seized  goods  in

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question were being brought from Karnataka by the

owner  of  the  Jeep;  and secondly,  it  could  not  be

proved  that  the  goods  belonged  to  the  State  of

Kerala.

12)  With these two findings of fact recorded by the

Courts  below,  the  High  Court  was  justified  in

quashing  confiscation  order  made  under  Section

61-A of the Act. We find no good ground to set aside

these findings of fact.

13) In view of foregoing discussion, the appeal is

found  to  be  devoid  of  merit.  It  thus  fails  and  is

accordingly dismissed.

               ………...................................J.

[R.K. AGRAWAL]             

                        …... ……..................................J.

        [ABHAY MANOHAR SAPRE] New Delhi; September 05, 2017  

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