Section 9 in Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005
9. Power to seize timber and other articles involved in the commission of the offence.
(1)Where any officer of the Forest Department, not below the rank a of Forester, has reason to believe that [any tree has been cut or any timber has been transported] in contravention of section 6, he may seize the timber together with all tools, ropes, chains and other articles used in the commission of such offence and all vehicles, boats or animals used for carrying such timber.Explanation. - The terms "vehicle" and "boat" in this section, sections 10 and 11 shall include all the articles and machinery kept in the vehicle or boat, as the case may be, whether fixed to the same or not.(2)Every officer seizing any timber under sub-section (1) shall, place on such timber a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the Forest Range Officer having jurisdiction over the area.(3)The Divisional Forest Officer to whom a report is made under subsection (2) shall, -(a)if he is satisfied that the timber mentioned in such report is of any tree transported in contravention of section 6, make a report of the seizure of such timber to the Judicial Magistrate of the First Class, having jurisdiction over the area in which such seizure has been made;(b)if he is not so satisfied, order that such timber and any tool, rope, chain or other article or any boat, vehicle or animal, seized along with it, shall be returned to the person from whom they were seized.
