IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 6507 of 2010(Q) ----------------------- CRMP.857/2010 of J.M.F.C.-II (FOREST OFFENCES), PUNALUR ................ PETITIONER : ------------------ FOREST RANGE OFFICER, KULATHUPUZHA. BY GOVERNMENT PLEADER REKHA C. NAIR RESPONDENT(S): ----------------------- SHARAFFUDHEEN, S/O.ALIYARKUNJU, THADATHARIKATHU VEEDU, MATHAIKONATHU,CHITTOORMURI PERINGAMALA VILLAGE, NEDUMANGADU TALUK. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 6507 of 2010(Q) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 23.02.2010 IN CRL.MP.NO. 857/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE-2 (FOREST OFFENCES), PUNALUR. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 6507 OF 2010 =========================== Dated this the 30th day of September,2010 JUDGMENT By Ext.P1 order in Crl.M.P.857/2010 Judicial First Class Magistrate’s Court-II, Punalur granted interim custody of the vehicle on conditions seized in O.R. 3/2009. The condition was only to execute bond for Rs.2.5 lakhs with two solvent sureties for the like sum in addition to the condition not to transfer it and not to involve in any other offence and to produce the vehicle as and when required. The Forest Range Officer filed this petition under Article 227 of the Constitution of India to quash Ext.P1 order. 2. Ext.P1 order was passed by the learned Magistrate without considering the fact that confiscation proceedings were initiated. As W.P.(C)6507/2010 2 held by the Apex Court in State of Karnataka v. K. Krishnan(2000(7) SCC 80) when confiscation proceedings are pending, only in exceptional cases court to grant interim custody and that too only on furnishing bank guarantee. Ext.P1 shows that learned Magistrate has not considered this vital aspect. Petition is allowed. Ext.P1 order is quashed. Judicial First Class MagistrateII, Punalur is directed to reconsider Crl.MP 857/2010 in the light of the decision of the Apex Court in Krishnan's case (supra) after hearing the petitioner and the prosecutor. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006