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Forest Offence – Moving of sandalwood by itself does not amount to

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The respondents submitted applications to the Tahsildar, Devikulam, for certificate to hand over dried and fallen sandalwood tress in their land to the Forest Department in accordance with G.O. dated 3.4.1973 permitting auction of sandalwood in private lands, to pay 70% sale proceeds to the owners and 30% to the Department.

Survey was conducted and report was submitted. The respondents submitted joint applications to the Divisional Forest Officer alongwith survey and the certificate.   However, no action was taken.   The dried and fallen sandalwood trees were stacked at one place in the property of the respondent P.J.Antony.

On 11.7.2001, the said trees were seized by the Range Officer on the ground that they were illegally uprooted and kept in the house of the respondent.

The District Judge had confirmed the confiscation.  However, the High Court quashed the confiscation on the ground that there was no evidence of any “forest offence” to invoke confiscation powers under Section 61A(2) of the Kerala Forest Act, 1961.

HELD that the offence, if any, would only be in relation to the provisions of Kerala Preservation of Trees Act and therefore, could not be treated as forest offence under the Forest Act.   The presumption under Section 69 of the Forest Act could only be in relation to the “forest product” being treated as property of the Central or State Government.   There could be no presumption regarding commission of a “forest offence”.  Moving of the trees by itself would not amount to a violation of Rule 3 of the Kerala Forest Produce Transit Rules, 1975,

It is indeed surprising, if not shocking, that the Forest Department in the State of Kerala had not maintained record of sandalwood trees growing in reserved forest land and also private patta lands.  There was no marking of such trees to identify them for such record.

Judgment dated 14.5.2024 in Civil Appeal Nos.9751-9752 of 2011 of The Divisional Forest Officer, Munnar, Kerala and another   Vs.  P.J.Antony, etc

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