The Kerala High Court has clarified that it is not necessary for forest officials to seize forest produce and the vehicle used in transporting it at the same time, provided there is a clear connection between the two and the delay in seizure is reasonable. The Court observed that what is required under Section 52 of the Kerala Forest Act is a reasonable nexus between the forest produce seized and the vehicle, tools, or other articles used in committing the offence, and not a simultaneous seizure.
The Division Bench, comprising Chief Justice Nitin Jamdar and Justice P.V. Kunhikrishnan, was examining whether earlier judicial pronouncements had conflicting interpretations on the issue. One earlier decision had held that a vehicle cannot be seized much later than the produce, as that would be unreasonable, while another had allowed for a delayed seizure so long as there was justification and the vehicle’s owner was not put to undue hardship. After reviewing both, the Bench concluded that the decisions were not inconsistent but complementary, since both recognized the requirement of a reasonable nexus and a fair time frame.
The Court explained that the expression “together with” in Section 52 does not mandate simultaneous seizure. Instead, it requires that forest produce and the associated vehicle or tools be linked by circumstances and facts. A delay in seizing a vehicle, if justifiable and connected to the seized produce, would not invalidate the action. However, if the seizure occurs after an unreasonably long time without proper explanation, it would not be legally sustainable. The guiding principle, according to the Court, is reasonableness and fairness to the parties involved.
In the case before the Court, the issue arose when forest produce had been seized, but the vehicle used in its transportation was seized later. The legality of such a delayed seizure was questioned, leading to a reference to a larger Bench. Resolving the matter, the Division Bench directed that the case be sent back to the Single Judge for disposal on the merits, taking into account the principle that a reasonable nexus must exist between the seizure of the produce and the vehicle.
This ruling provides clarity on the scope of powers under the Kerala Forest Act and ensures that enforcement of forest laws proceeds fairly. It safeguards against arbitrary or excessively delayed seizures that could cause hardship to vehicle owners while at the same time affirming the authority of forest officials to act against forest offences when a legitimate connection exists between the produce and the vehicle involved.
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