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Supreme Court of India 2018-04-19 allowed

Standard Essential Oil Industries & Anr vs Forest Range Officer Kasargod & Ors

Bench: 2 — R.K. Agrawal

In Brief

Standard Essential Oil Industries challenged the confiscation of 125 kg of sandalwood oil seized by forest authorities under the Kerala Forest Act, 1961. The High Court had upheld the confiscation order passed by forest officials relying on Section 61A and Section 69. The Supreme Court held that Section 61A, which authorizes confiscation of forest produce, applies only to specific items (timber, charcoal, firewood, ivory)—not sandalwood oil. Section 69 is merely an evidentiary presumption, not a source of confiscation power. Therefore, no legal authority existed to confiscate sandalwood oil at the relevant time. The Court allowed the appeal, set aside the confiscation order, and held the High Court had erred in upholding it."

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Forestry Law Confiscation Administrative Law Evidence Statutory Interpretation

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