IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 984 of 2007() ------------------------------------ CMP.NO.287/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD OR.NO.26/2006 OF FOREST RANGE OFFICE, KASARAGOD .................... PETITIONER(S): RESPONDENT --------------------------------------------- STATE OF KERALA REPRESENTED BY DEPUTY DIRECTOR OF PROSECUTION, KASARAGOD. BY PUBLIC PROSECUTOR SRI.T.R.RAVI RESPONDENT(S): PETITIONER --------------------------------------------- C.H.MOOSA ALIAS MOOSAN C.H., S/O.LATE MUKRI MAMMUNHI, MANHAMPARA, ADHUR VILLAGE & POST, KASARAGOD. BY THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.984/2007 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE JUDGMENT DATED 21/12/2006 IN CRL.M.C.4098/2006. ANNEX II COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT. ANNEX III COPY OF THE NOTE OF ARGUMENT FILED BY THE DEPUTY DIRECTOR OF PROSECUTION. ANNEX IV COPY OF THE ORDER DATED 6/3/2007 IN CRL.M.C.NO.287/2007 OF THE CHIEF JUDICIAL MAGISTRATE, KASARAGOD. RESPONDENT'S ANNEXURES; NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 984 of 2007 ------------------------------------------ Dated this the 3rd day of November, 2011 O R D E R Learned Special Government Pleader for forest submits that the confiscation proceedings were initiated under Section 61A of the Kerala Forest Act in respect of vehicle bearing No. KL 14E 3428 and wooden logs were seized by the forest officials. The final order was passed in that proceedings ordering confiscation of all the properties mentioned above. That order was stated to have been confirmed by the Conservator of Forests. The learned counsel submits that since the order has become final, the proceedings were initiated before the Chief Judicial Magistrate, Kasaragod for seizure of the vehicle and wooden logs as mentioned above from the possession of the respondent to obtain interim custody of the vehicle as per order of the learned Magistrate. Since the confiscation proceedings has become final and since that has not been challenged at all, this petition can be closed giving liberty to Crl.M.C. 984 of 2007 -: 2 :- the petitioner to effect the seizure of the vehicle as per the order of CJM, Kasaragod. If the warrant for seizure of the vehicle has not been issued or is not now in vogue the learned CJM will pass appropriate orders for that purpose. 2. The learned counsel for the petitioner also submits that after completing investigation, the complaint with regard to the forest offence was filed before CJM and that is also pending. That case must also proceed in accordance with law. This petition is disposed of in the light of the observations mentioned above. N.K. BALAKRISHNAN, JUDGE. smvd