IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Crl.MC.No. 3692 of 2008() ------------------------- CRMP.10156/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: ACCUSED ------------------------- SUKUMARAN, AGED 45 YEARS, S/O. VELU, THOPPIL HOUSE, CHAYPANKUDI DESAM, KUTTICHIRA VILLAGE, CHAIPPANKUZHI, MUKUNDAPURAM TALUK, TRICHUR DISTRICT. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SRI.V.P.JOLY RESPONDENT: COMPLAINANT -------------------------------- STATE OF KERALA, REP. BY FOREST RANGE OFFICER, PARIYARAM FOREST RANGE TERICHUR DISTRICT (OR 11/2008) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3692 OF 2008 ----------------------------------------------- Dated this the 17th day of October, 2008 O R D E R The petitioner's vehicle, a mini lorry bearing No.KL 6 A 5157 was seized by the forest officials on the allegation that it was used for illicit transportation of timber. The petitioner has been arrayed as an accused. His vehicle was seized. Action under Section 61 A of the Kerala Abkari Act is contemplated. The petitioner it is pointed out by the respondent is an accused in another forest offence also. The learned counsel for the petitioner submits that the vehicle which has remained in custody of the forest officials from 22.05.08 is being exposed unnecessarily to sun and rain. The forest officials have not shown any anxiety or earnestness to complete the proceedings under Section 61 A. The petitioner's application for release of the vehicle under Section 457 Cr.P.C has been dismissed by the learned Magistrate on the ground that proceedings under Section 61A are pending before the authorised officer. The authorised officer has not so far issued any show cause notice to the petitioner. In these circumstance imbibing Crl.M.C. No. 3692 OF 2008 -:2:- mandate of expedition reflected in Sundarbai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089] this Court may be pleased to issue directions under Section 482 Cr.P.C and if not under Article 226 of the Constitution to ensure that the petitioner is not put to unnecessary and avoidable loss. Subject to any appropriate conditions vehicle can be directed to be released to the petitioner, it is prayed. 2. The petitioner has a further contention that the timber logs which were allegedly transported are not properties of the Government and have come out of trees standing in a private property. I am of opinion that at any rate, at the moment and with the available inputs, that crucial controversy on facts cannot be attempted to be resolved by this Court now. 3. The learned Prosecutor after taking instructions submits, and statement to that effect has been filed, that subsequent to the filing of this Crl.M.C show cause notice under Section 61 A was issued against the petitioner yesterday, i.e. on 16.10.08. That belated salvage operation indulged in by the respondents did not persuade me to conclude that the petitioner's prayer cannot be Crl.M.C. No. 3692 OF 2008 -:3:- allowed. Subject to appropriate conditions, which will ensure that the interests of the State is not in any way adversely affected, I am satisfied that directions can be issued to release the vehicle to the petitioner subject to appropriate terms and conditions. 4. In the result: a) This Crl.M.C is allowed. b) It is directed that vehicle bearing No. KL 6 A 5157 shall be released to the petitioner by the authorised officer on the following terms and conditions: i) He shall execute a bond undertaking to produce the vehicle before the authorised officer or any other authority as and when directed. Such bond shall be for the value of the vehicle to be ascertained by the authorised officer. ii) The petitioner shall furnish a bank guarantee for such amount to the satisfaction of the authorised officer from any nationalised bank. iii) Petitioner shall produce all such documents that are necessary to satisfy the authorised officer that he is the owner entitled to possession of the vehicle. Crl.M.C. No. 3692 OF 2008 -:4:- Hand over copy of this order to the learned counsel for the petitioner. R. BASANT, JUDGE ttb Crl.M.C. No. 3692 OF 2008 -:5:- Crl.M.C. No. 3692 OF 2008 -:6:-