IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 4556 of 2008() ------------------------- O.R.NO.4/2008 OF POOYAMKUTTY FOREST STATION PETITIONER(S): --------------- P.E. BABY, AGED 48 YEARS, S/O. ISSAC, PERINGASSERIYIL HOUSE, KUTTAMPUZHA VILLAGE, KUTTAMPUZHA KARA, KOOVAPARA P.O. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE DEPUTY RANGER, POOYAMKUTTY FOREST STATION (INVESTIGATING OFFICER IN OR NO. 4/2008), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM COCHIN 682 031. 2. FOREST RANGE OFFICER, FOREST RANGE OFFICE, KUTTAMPUZHA. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4556 of 2008 ---------------------------------------- Dated this the 2nd day of January 2009 O R D E R The petitioner is the owner of a mini lorry. It is alleged that his vehicle is involved in the commission of a forest offence. O.R.No.4/08 of Pooyamkutty forest station is registered in respect of the alleged crime. Investigation is in progress. The petitioner apprehends that his vehicle may be seized in connection with investigation of that crime. According to him, his vehicle has not been involved in the commission of any offence. The vehicle was not used for the transportation of any timber logs. Even if the allegations were accepted, the land from where the tree was allegedly cut was in possession of one Antony prior to 01/01/1997 and the vehicle is not, at any rate, involved in the commission of any forest offence. It is, in these circumstances, prayed that appropriate directions may be issued under Section 482 Cr.P.C to save the petitioner's vehicle from unnecessary detention and seizure. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits Crl.M.C.No.4556/08 2 that the investigation is in progress and the decision to seize the vehicle has not been taken so far. If, in the course of investigation, seizure of the vehicle is found to be necessary, the investigating officer will proceed to seize the vehicle. 3. The learned counsel for the petitioner submits that the petitioner is willing to produce the vehicle at any time before the investigating officer; but unnecessary detention and seizure of the vehicle may be avoided. 4. I am, in these circumstances, satisfied that appropriate directions can be issued under Section 482 Cr.P.C in favour of the petitioner. 5. This petition is accordingly allowed in part. The following directions are issued. i) If in the course of investigation of O.R.No.4/2008, the investigating officer finds it necessary to effect seizure of the petitioner's vehicle, notice shall be issued to the petitioner to produce the vehicle before the investigating officer whereupon the petitioner can produce the vehicle and claim release of the vehicle subject to appropriate terms and conditions. Appropriate orders shall then be passed by the investigating officer . The Crl.M.C.No.4556/08 3 petitioner shall have time of seven days from the date of receipt of the notice to produce the vehicle before the investigating officer. This direction shall not fetter the option of the petitioner to challenge such direction before appropriate court at that stage. (R.BASANT, JUDGE) jsr Crl.M.C.No.4556/08 4 Crl.M.C.No.4556/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008