In Brief
The Supreme Court clarified that an elephant tusk seized from unauthorized possession is Government property under the Wild Life (Protection) Act, 1972, and can be confiscated regardless of whether it qualifies as 'forest produce' under the Kerala Forest Act, 1961. Section 39(1) of the 1972 Act expressly declares ivory to be Government property when an offence is committed. The High Court erred by focusing narrowly on the definition of forest produce rather than recognizing the statutory declaration of Government ownership. The appeal was allowed regarding confiscation of the tusk, though no recovery order was issued for the seized Jeep given the passage of time and lack of nexus to the offence."
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