IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 1231 of 2008() ------------------------- CRMP.1150/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES),PUNALUR .................... PETITIONER: ----------------- JOSE JUSTIN,S/O. DETHAN NADAR KRIPALAYAM, KANIYAMKUZHI ARIYANADU, KODUMANGADU TALUK BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. DEPUTY WILD LIFE WARDEN AGASTHYAVANAM BIOLOGICAL PARK KOTTOOR RANGE. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1231 of 2008 = = = = = = = = = = = = = = Dated this the 24th day of March, 2008 ORDER The petitioner, who claims to be the registered owner of a motor cycle bearing registration No. KL 02 L 8067 involved in O.R.No.7/2007 of Agasthya Vanam Biological Park, Kottoor, challenges Annexure A2 order dated 6.3.08 passed by the J.F.C.M-II (Forest Offences), Punalur, dismissing the application(CMP No.1150/2008) filed by the petitioner seeking interim custody of the vehicle. The reason for the rejection of the petition was that the vehicle was under proceedings for confiscation under Section 61(A) of the Kerala Forest Act. 2. Heard both sides. 3. The view taken by the learned Magistrate cannot be faulted. The remedy of the petitioner is to get the vehicle released on interim custody by moving the authorised officer under Section 53 of the Kerala Forest Act, 1964 in the light of the decision in John v. DFO, Kottayam ( 1996(2) KLT 984 and also in the light of the final order dated2.01.08 in Crl.M.C.No.42 of 2002. Reserving the said right of the petitioner to move the authorised officer, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE sj