IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Crl.MC.No. 4124 of 2010() -------------------- CMP.2798/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR ............... PETITIONER : ----------------- BIJU @ MATHEW, AGED 29 YEARS, S/O.ABRAHAM, THOTTATHIL HOUSE, MANIKKADAVU P.O., KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT / COMPLAINANT : -------------------------------------------- THE FOREST RANGE OFFICER, KOTTIYOOR, KANNUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4124 of 2010 -------------------------- Dated this the 28th October, 2010 O R D E R Petitioner filed C.M.P. No.2798/2010 in O.R 9/2010 of Forest Range Office, Kottiyoor under Section 451 of Cr.P.C to release Maruti Alto Car bearing Reg. No.KL-13/S.856 claiming that he is the registered owner. The car was seized while transporting skin of a leopard on 12.6.2010. The case was registered under Section 2(20), (10), (36), 9, 39, and 50 r/w 51 of Wild Life Protection Act. By Annexure A1 order, learned Magistrate dismissed the petition as it was represented that the offence were committed within the Karnataka State and therefore the case is to be transferred to Karnataka. Petition is filed under Section 482 of Cr.P.C to quash Annexure A1 order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Though the vehicle could be confiscated under the Wild Life Protection Act, it can only be subsequent to the conviction. Even the final report has not been submitted hence learned Magistrate could definitely grant Crl.M.C No.4124 of 2010 2 interim custody of the vehicle under Section 451 of Cr.P.C with sufficient conditions. 4. Annexure A1 order is quashed. C.M.P. No2798/2010 is remitted to Judicial First Class Magistrate Court, Mattannur to dispose the same afresh considering the fact that vehicle is seized for the offence under Wild Life Protection Act. Fact that the case is to be transferred to Karnataka shall not be a ground to reject the claim for interim custody. Learned Magistrate to grant him interim custody on satisfying that petitioner is the registered owner of the vehicle on furnishing a bank guarantee for the value of the vehicle and on undertaking to produce the vehicle as and when required, either by investigating Officer or the Court. M.SASIDHARAN NAMBIAR JUDGE ma