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Supreme Court of India 2017-09-05 dismissed

State of Kerala vs Jossy Sequeria

Bench: 2 — Abhay Manohar Sapre

In Brief

The State of Kerala appealed the High Court's decision quashing a confiscation order made under Section 61-A of the Kerala Forest Act, 1961. Sandalwood found in a jeep bearing Karnataka registration was confiscated, along with the vehicle. However, the courts below found that the goods were being transported from Karnataka and there was insufficient proof they belonged to the State of Kerala. The Supreme Court upheld the High Court's quashing of the confiscation order, agreeing that confiscation requires positive proof of State ownership and affirming the factual findings of the lower courts. The appeal was dismissed.

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Forest Law Administrative Law Confiscation Civil Procedure

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