IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 21092 of 2010(J) -------------------------- PETITIONER(S): --------------- SASIKUMAR.P. S/O.SANKARANARAYANAN, 313,IDAPANAPPETA HOUSE, VADAKKUMANNAM, MANNARKKAD TALUK, PALAKKAD DISTRICT . BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE DEPUTY RANGER, SHOLAYAR FOREST STATION. 2. THE DIVISIONAL FOREST OFFICER, MANNARKKAD. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. GOVT. PLEADER SHRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 21092 of 2010 ================== Dated this the 15th day of July, 2010 J U D G M E N T The petitioner's vehicle has been seized on allegation of illegal transport of sandal wood. The petitioner seeks interim custody of the vehicle pending confiscation proceedings. 2. The learned Government Pleader submits that a criminal case has been registered for a forest offence and also confiscation proceedings are in progress. He submits that in the meanwhile, the vehicle cannot be released to the petitioner. He further submits that even if this Court is inclined to grant interim custody of the vehicle, that can only be after the petitioner depositing the value of the vehicle as assessed by the competent officer, in view of a Division Bench decision of this Court. 3. Having heard both sides, I am of opinion that in order to see that the vehicle does not get damaged on account of delay in completing the confiscation proceedings, the petitioner can be given interim custody of the vehicle on certain conditions. Accordingly, this writ petition is disposed of with the following directions: The 2nd respondent shall get the value of the vehicle assessed by a competent officer of the Motor Vehicles Department and inform the same to the petitioner within a period of two weeks from today. On the w.p.c.21092/10 2 petitioner depositing the value so fixed, the vehicle shall be released to the petitioner. The petitioner shall not alienate or otherwise part with possession of the vehicle until the proceedings for confiscation are finalised. The petitioner shall keep the vehicle in good condition and shall produce the same before the authority as and when so directed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge