VidhiSangh

Supreme Court of India · 19/04/2018

M/S. STANDARD ESSENTIAL OIL INDUSTRIES & ANR. versus FOREST RANGE OFFICER KASARGOD & ORS.

[2018] 3 S.C.R. 532 · 2018 INSC 371

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside confiscation of sandalwood oil seized in 1993. Under the then-applicable Kerala Forest Act, section 61A covered specified categories rather than every forest produce and did not extend to sandalwood oil. Section 69 supplied a rebuttable presumption of government ownership, not an independent confiscation power. The specific sandalwood provision added in 2010 did not apply to this earlier case.

Issues

  1. Whether the pre-2010 section 61A authorised confiscation of sandalwood oil.
  2. Whether section 69 independently empowered confiscation.
  3. Whether the later sandalwood amendment governed the earlier seizure.

Provisions considered

Held

Result

Appeal allowed; confiscation order set aside. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 532.