IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 3949 of 2008(E) -------------------------------------- CMP.1265/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... PETITIONER/ ACCUSED: ----------------------------------- V.M.GEORGE, S/O.MATHEW, AGED 44 YEARS, RESIDING AT VETTIKKUZHIYIL HOUSE, NARIYAMPARA P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE. RESPONDENTS/ STATE: ----------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, AYYAPPANCOVIL FOREST RANGE, OFFICE OF THE FOREST RANGE OFFICE, KANJIYAR P.O., IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J ------------------------------------ Crl.M.C. No.3949 of 2008 ------------------------------------- Dated this the 10th day of November, 2008 ORDER 7 logs of Anhili tree were seized from the possession of the petitioner on 21.11.07. A forest crime has been registered. The crux of the allegations is that the petitioner had cut such tree contrary to the provisions of the Preservation of Trees Act. According to the petitioner, the petitioner has not committed any offence in respect of the Anhili tree cut. Some other logs and firewood have also been seized. The petitioner does not stake any claims in respect of those logs and trees. According to the petitioner, these 7 logs of tree were cut by him not contrary to the provisions of the Act. He had applied for the requisite permission for use of the logs in connection with construction of his residential building. Seizure was effected on 21.11.07. So far investigation has not been completed. The petitioner is willing to offer adequate security. Without prejudice to the contentions of the parties, the logs may be directed to be released to the petitioner. The petitioner needs them badly in connection with the construction of his house. Subject to any Crl.M.C. No.3949 of 2008 2 appropriate conditions, the logs may be released to the petitioner. Keeping the logs in the custody of the forest authorities is not going to be of any help to anyone. In these circumstances, directions may be issued to release the 7 logs of Anhili tree to the petitioner, it is prayed. 2. The application is opposed by the learned Public Prosecutor. The learned Public Prosecutor submits that the trees were standing in the property which is in the possession of the petitioner. But he is not legally entitled to cut and remove the logs. As per seizure mahazar, the total value of all the logs and firewood cut and removed comes to about Rs.29,000/-. The learned Public Prosecutor opposes the prayer to release the articles to the petitioner. 3. The officer concerned had rejected the application earlier. There is no proceedings under Section 67 A of the Kerala Forest Act initiated, submits the learned Public Prosecutor. 4. I am, in these circumstances, satisfied that subject to appropriate condition, the prayer of the petitioner for release of 7 logs of Anhili tree seized from his possession can be allowed. Appropriate safeguards can of course be insisted. Crl.M.C. No.3949 of 2008 3 5. In the result: a) This Crl.M.C is allowed; b) The impugned order passed by the learned Magistrate is set aside. The 7 logs of Anhili trees seized from the possession of the petitioner shall be released to the petitioner on condition that i) the petitioner executes a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) He undertakes to place before the Magistrate the said amount of Rs.25,000/- or such other lower amount as may be directed by the Magistrate/forest official as the value of the said tree seized if ultimately trees were found liable for confiscation. (R.BASANT, JUDGE) rtr/-