Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Forest Act 1961: ss. 61A and 69 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala Forest Act, 1961 (4 of 1962) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerela Forest Act, 1961: ss. 61A and 69 – Confiscation by forest officers in certain cases – On facts, order of confiscation of 125 kgs of sandalwood oil by the Divisional Forest Officer – Said order dismissed by the Single Judge, however, the Division Bench of the High Court upheld the order of confiscation u/s. 61A – Correctness of – Held: Order by the Divisional Forest Officer sufficient to show that the order of confiscation was passed u/s 69 and not u/s. 61A – Perusal of the order of Single Judge of the High Court shows that Single Judge rejected the idea of confiscation of sandalwood oil u/s. 61A and held that though the order of confiscation cannot be passed u/s. 61A but by virtue of s. 69, unless a fact to the contrary is proved, it can be presumed that the seized property belongs to the Government and it enables the Government to possess the same – Thus, the Division Bench misdirected itself in framing the issue and upholding confiscation u/s. 61A and, hence, the order is bad in law – Furthermore, s.69 operates only as a tool to help the government in proving its title to the property but the said Section cannot be read as to give any power of confiscation of the property – Power of confiscation of sandalwood oil get vested in the authorities through s. 61A only after the Kerala Forest (Amendment) Act, 2010 when certain specific provisions relating to Sandalwood were inserted through Chapter VI A and Section 47H – Instant case being related to the situation prior to the time of amendment in 2010 was made, the amended provisions do not apply – Thus, the order of confiscation of sandalwood oil set aside. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 371 |
Petitioner | M/s. Standard Essential Oil Industries & Anr. |
Respondent | Forest Range Officer Kasargod & Ors. |
SCR | [2018] 3 S.C.R. 532 |
Judgement Date | 2018-04-19 |
Case Number | 1747 |
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