IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 4235 of 2009() ------------------------------------- OR.NO.4/2009 OF KARAKKAD FOREST STATION. .................... PETITIONER(S): ----------------------- THOMSON, AGED 29 YEARS, S/O.DEVASSYA, CHERIYANPURATH HOUSE, MUNDAKKAYAM P.O., KANJIRAPPILLY, KOTTAYAM. BY ADV. MR.S.RAJEEV RESPONDENT(S): -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (O.R.NO.4 OF 2009 OF KARAKKAD FOREST STATION). BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4235 of 2009 -------------------------- ORDER Tipper Lorry KL-07/AZ 4066 was seized by the forest officials in O.R.No.4/2009 of Karakkad Forest Station, Ernakulam on the allegation that five metric tonnes of waste of vegetables, plantain leaves, plastic covers and sack full of hair were dumped in the reserved forest, causing damage to the forest eco system and the wild life in the forest. The vehicle was produced before Judicial First Class Magistrate's Court, Perumbavoor. Petitioner, claiming to be the registered owner, filed M.P.No.5049/2009 for interim custody of the vehicle. By Annexure-3 order, learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-3 order and to release the vehicle. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 4235/09 2 3. Prosecution case is that petitioner dumped organic and inorganic waste in the forest using Tipper Lorry KL-07/AZ 4066 causing damage to the forest eco system as well as the wild life in the forest area. Learned Magistrate dismissed the petition for interim custody on the ground that permission was already granted to the Investigating Officer to dispose the vehicle. A vehicle can be confiscated by the forest officials only as provided under Section 61A of Kerala Forest Act. To apply Section 61A, a forest offence is believed to have been committed in respect of timber, charcoal, firewood or ivory, which is the property of the Government and the officer seizing the property shall produce the material together with all tools, ropes, chains, boars, vehicles and cattle used in committing such offence. When there is no allegation that any forest offence was committed with the Tipper lorry in respect of timber, charcoal, firewood or ivory, confiscation is not CRMC 4235/09 3 legal under Section 61A of Kerala Forest Act. Therefore, on the ground that confiscation is possible, interim custody cannot be denied. 4. In such circumstances, learned Magistrate is directed to grant interim custody of the vehicle to the petitioner on sufficient conditions, if he is the registered owner of the vehicle. Petition is disposed. 25th February, 2010 (M.Sasidharan Nambiar, Judge) tkv