IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 16648 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------- NELSON, S/O.THOMAS, KODAKODI HOUSE, VELLAMUNDA, KOTTARAKUNNU POST, MANANTHAVADY, WAYANAD. BY ADVS. SRI.AUGUSTINE JOSEPH, SRI.K.S.ROCKEY. RESPONDENT(S): ----------------------------- 1. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD FOREST DIVISION, MANANTHAVADY, WAYANAD. 2. THE FOREST RANGE OFFICER, MANANTHAVADY, WAYANAD. R1 &R2 BY SR. GOVERNMENT PLEADER SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 16648 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2010 J U D G M E N T The petitioner is the owner of a vehicle which was seized on allegations of using the same for commission of a forest offence. Proceedings for confiscation are pending. Petitioner seeks interim custody of the vehicle. The Government Pleader opposes the same. According to the learned Government Pleader, the vehicle has been detained on valid grounds and confiscation proceedings are in progress. He would submit that as per the Supreme Court decision on the subject, only in exceptional circumstances, the vehicle can be released on interim custody. The learned Government Pleader further submits that, even if this court is inclined to direct granting of interim custody of the vehicle to the petitioner, the same shall only be on the petitioner furnishing bank guarantee for the value of the vehicle, which is Rs.75,000/-. Having heard both sides, I am W.P.(C)No. 16648 of 2010 -2- satisfied that, this is a fit case where the petitioner can be given interim custody of the vehicle on furnishing bank guarantee. Accordingly I direct the respondents to give interim custody of the vehicle to the petitioner, on the petitioner furnishing bank guarantee for an amount of Rs.75,000/-. Until confiscation proceedings are completed the petitioner shall not part with possession or alienate the vehicle in question. Petitioner shall keep the vehicle in good condition and produce the same as and when directed. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/