IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Crl.Rev.Pet.No. 69 of 2010() ---------------------------- CMP.4045/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG CRIME NO. 321/2009 of NILESHWARAM POLICE STATION .................... REVN. PETITIONER/ PETITIONER:- --------------------------------------- TOMY.P.V. ,AGED 43 YEARS S/O.P.A.VARKEY, PALANIKUMTHOTTIYIL, NAYIKAYAMTHATTU, P.O.PARAPPA,HOSDURG TALUK. BY ADV. MR. K.P.HARISH RESPONDENTS/STATE & RESPONDENT:- --------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER ORNO.17/2009 OF FOREST RANGE OFFICE KANHANGAD, KASARAGOD DISTRICT. BY ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl.R.P. No. 69 of 2010 ------------------------------------------------------------ Dated this the 7th day of January, 2010. ORDER The petitioner who claims to be the registered owner of a tempo lorry bearing registration No. KL 14 F 7072 involved in Crime No. 321 of 2009 of Nileshwaram Police Station for an offence punishable under Section 27(1)(d) of the Kerala Forest Act and the rules framed thereunder, sought interim custody of the vehicle under Section 457 Cr.P.C by filing C.M.P. No. 4045 of 2009 before the Judicial First Class Magistrate – II, Hosdurg. The said application has been dismissed as per Annexure VI order dated 23.11.2009 holding that the vehicle which was seized by the police has been entrusted before the Divisional Forest Officer, Kannur for the purpose of confiscation proceedings. If so, the learned Magistrate was justified in declining to grant interim custody. Without prejudice to the right of the petitioner to move the appropriate authority for interim custody in the light of the decision reported in John v. D.F.O., Kottayam - 1996(2) KLT 984, this revision is dismissed. Dated this the 7th day of January, 2010. V. RAMKUMAR, JUDGE. rv