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reference to the provisions of the Kerala Forest Produce Transit Rules and the decision rendered under the Kerala Promotion of Tree Growth for Non-forest Areas Act, 2005, {Sukumaran and ors. v. State of Kerala {2010 (1) KHC 508}, setting up a case that the word 'forest' is not defined under the Forest Act and so much so, any proceeding for confiscation under Section 61 A of the Act has to be appreciated and looked into with the definition of 'forest' in the Rules referred to above, and to sustain such a proceeding, a notification under Section 19 of the Forest Act that the logs and planks carried in the vehicle were from the trees cut and removed from a notified Reserved Forest, producing the notification thereof.
proceedings over the vehicle where the logs carried in the vehicle were not cut and removed from a Reserved Forest provided a proceeding under Section 61A of the Act is applicable only in such cases.

9. The Kerala Forest Act has not defined 'forest' is not the crucial aspect to be looked into in examining the scope and ambit of confiscation proceedings contemplated under Sections 61A to 61D of the Act. Sub-section (1) of Section 61A of the Act reads thus:

10. Section 52 which deals with seizure of property involved in forest offences, and thus render them liable to confiscation clearly spells out, such seizure could be made when a forest offence had been committed in respect of any timber, tree or other forest produce. The word 'timber', over and above the words 'or :: 15 ::

other forest produce' in Section 52 of the Act has much significance. Section 2(f) of the Act defines what is a 'forest produce' which reads thus:
"forest offence" means an offence punishable under this Act or any rule made thereunder;"

So much so, forest offences even in non-forest areas also fall within its sweep when an act or omission is punishable under the Act or any Rule made thereof is committed. A cursory perusal of the Forest Rules framed under the :: 17 ::

Act and also the Kerala Prohibition of Trees Act, Kerala Preservation of Trees and Regulation of Cultivation in Hill Areas Rules, 1983, the Kerala Restriction on Cutting and Destruction of Valuable Trees Act, the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005 etc. and the penal provisions covered by such Acts and Rules clearly demonstrate that 'forest offence' is inclusive and takes care of offences committed even in non-forest areas, but of course, subject to the provisions of the Kerala Forest Act and the Rules. When viewed in that perspective, it is to be noticed that Section 52 of the Act, dealing with seizure of property in relation to a forest offence is not confined to 'forest produce' as defined in Section 2(f) of the Act, but applicable in the case of 'timber' or 'trees' in respect of which a forest offence is believed to have been committed. It is an undisputed fact that the logs carried in the vehicle were cut and removed from an anjili tree situate in a land :: 18 ::