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Supreme Court of India 2018-05-08 allowed

Wild Life Warden vs Komarrikkal Elias

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A wildlife warden seized elephant tusks, a gun, and a jeep from the respondent. Though acquitted in the criminal case, the Assistant Wildlife Warden ordered confiscation. The High Court annulled this, holding the elephant tusk was not a forest produce under the Kerala Forest Act. The Supreme Court allowed the appeal, holding that under the Wild Life (Protection) Act, 1972, elephant tusks are Government property regardless of the forest produce classification. Confiscation was therefore lawful. The jeep was already released and not recovered, as there was no finding it was used in the offense.

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Wildlife Law Forest Law Confiscation Property Rights Administrative Law Kerala Forest Act

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