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quashed the confiscation order of 20 kgs Sandal Wood and a Jeep
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Showing posts with label
quashed the confiscation order of 20 kgs Sandal Wood and a Jeep
.
Show all posts
Thursday, September 14, 2017
quashed the confiscation order of 20 kgs Sandal Wood and a Jeep =.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.- 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.- We also find in this case that the Courts below held on facts that firstly, the seized goods in 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.= 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.
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.269 OF 2008 State of Kerala ….Appellant(s) VERSUS...
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