THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13051 of 2010 ORDER: Petitioner-A12 approaches this Court with a prayer to return the Hero Honda Motor Cycle, cell phone, wrist watch and cash of Rs.10,300/- seized in connection with O.R. No. 91/2009-10 on the file of the Forest Range Officer, Karveti Nagar, Chittoor District, for offences punishable under Sections 20(1) (c)(ii) of A.P. Forest Act, 1967; 9 & 48 –A of Wild Life Protection Act, 1972 and 378, 289 and 429 of I.P.C. The aforementioned properties were seized by the forest officials on the ground that the petitioner along with A1 and A2 and the other accused in the case was involved in smuggling of red sand boa snakes. The petitioner filed Criminal M.P. No. 676 of 2010 before the trial Court under Section 451 of Cr.P.C. for release of the motor cycle and other articles and the trial Court dismissed the said petition on the ground that confiscation proceedings were initiated by the forest officials and also on the ground that the forest officials are also having jurisdiction to return the seized property. Since the petitioner has already approached the trial Court and the trial Court has dismissed the application filed by the petitioner, this Court is of the view that this Court can entertain the present petition. Considering the facts and circumstances, even though there is a provision for confiscation of the property, which was involved in the commission of forest offence, Section 451 Cr.P.C. empowers the trial Court to return the property for proper custody. Further, if the property is not returned or kept in safe custody, the condition of the property would get spoiled and it cannot be used in future. Considering the same, this Court is of the view that the properties seized by the forest officials from the petitioner can be entrusted to the interim custody of the petitioner subject to appropriate conditions. In the result, the Criminal Petition is allowed and the motor vehicle and other articles seized in connection with O.R. No. 91 of 2009 on the file of the Forest Range Officer, Karveti Nagar, shall be entrusted to the interim custody of the petitioner, subject to the condition of the petitioner executing a personal bond for Rs.10,000/- (Rupees Ten Thousand Only) with one surety for the likesum to the satisfaction of the trial Court. Further, the petitioner shall give an undertaking that he shall produce the vehicle as and when necessary before the trial Court. He shall also give an undertaking that he not alienate or alter the nature of the same. The forest officials are also at liberty to proceed with the confiscation of the seized property, if they so desire. However, if any such order is passed by the forest officials confiscating the property in question, the petitioner is at liberty to challenge the same in appropriate forum. The Criminal Petition is accordingly disposed of. ____________________ JUSTICE RAJA ELANGO Dated :1.11.2011 pnb