Supreme Court Dismisses State Appeal in Sandalwood Confiscation Case — High Court Order Restored. Confiscation under Section 61A(2) of Kerala Forest Act, 1961 invalid as no forest offence proved; landowners entitled to benefit of Government Order dated 03.04.1973 for auction of sandalwood on private patta lands.

Appeals against High Court judgment setting aside confiscation of sandalwood trees under Kerala Forest Act, 1961.

The State of Kerala and Divisional Forest Officer sought to restore the confiscation order and set aside the High Court's direction to proceed under Government Order dated 03.04.1973.

The Forest Department confiscated sandalwood trees from private lands, alleging illegal stacking, but the High Court found no forest offence and directed auction under the Government Order.

The Divisional Forest Officer confiscated the sandalwood on 23.02.2004, which was upheld by the District Judge in C.M.A. No. 39 of 2004 on 05.11.2005. The High Court set aside the confiscation on 13.08.2010.

Whether the confiscation of sandalwood under Section 61A(2) of the Kerala Forest Act, 1961 was valid without proof of a forest offence. Whether the presumption under Section 69 of the Kerala Forest Act, 1961 can be used to establish a forest offence. Whether the landowners were entitled to the benefit of Government Order dated 03.04.1973 for auction of sandalwood on private patta lands.

Appellants (State): The sandalwood trees were illegally stacked without authorization, constituting a forest offence; the landowners failed to explain how the trees fell; the presumption under Section 69 applies. Respondents (Landowners): They had applied to the Forest Department and revenue officials; the trees were on their patta lands and were dried and fallen; no forest offence was committed; they are entitled to 70% of sale proceeds under Government Order.

Confiscation under Section 61A(2) of the Kerala Forest Act, 1961 requires proof of a forest offence. The presumption under Section 69 of the Act only raises a presumption that forest produce is government property, not that a forest offence has been committed. Where landowners have complied with the procedure under Government Order dated 03.04.1973 and revenue officials have certified the trees on private patta lands, no forest offence is made out, and confiscation is invalid.

The learned Judge was of the opinion that the offence, if any, would only be in relation to the provisions of the KPT Act and, therefore, the same could not be treated as a ‘forest offence’ under the Forest Act. The learned Judge also noted that the presumption under Section 69 of the Forest Act could only be in relation to ‘forest produce’ being treated as the property of the Central or State Governments and there could be no presumption thereunder regarding commission of a ‘forest offence’. It is an admitted fact that earlier, during the year 1995, sandalwood trees which had grown in the lands of P.J. Antony were sold in consultation with the Forest Department as per the Government’s scheme.

The Divisional Forest Officer, Munnar, passed confiscation order on 16.01.2002, which was set aside by the Conservator of Forest on 25.11.2002 with a direction for de novo enquiry. The Divisional Forest Officer again confirmed confiscation on 23.02.2004. The landowners appealed to the District Judge, Thodupuzha, in C.M.A. No. 39 of 2004, which was dismissed on 05.11.2005. They then filed writ petitions before the High Court of Kerala, which allowed them on 13.08.2010. The State appealed to the Supreme Court.

• Kerala Forest Act, 1961: Section 61A(2), Section 69
• Kerala Preservation of Trees Act, 1986:
• Kerala Forest Produce Transit Rules, 1975: Rule 3