IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 4883 of 2010(I) ------------------------- PETITIONERS: --------------- HAMSA, AGED 26 YEARS, S/O.MOIDU, PARAKKADU VEEDU, KALLADIKKODU P.O., MANNARKKAD TALUK. BY ADV. SRI.K.ABDUL JAWAD SRI.U.MUHAMMED MUSTHAFA RESPONDENTS: --------------- 1. DIVISIONAL FOREST OFFICER, MANNARKKAD. 2. RANGE OFFICER, PALAKKAYAM FOREST STATION, MANNARKKAD RANGE, MANNARKKAD DIVISION. GOVERNMENT PLEADER SHRI.SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C)No.4883 of 2010 ------------------------------------------ Dated this the 19th day of February, 2010 JUDGMENT The petitioner is the registered owner of a vehicle namely 'Ape Truck' bearing registration No.KL-50-7186. 2. The second respondent took the said vehicle into custody by preparing a mahazar on 7/8/2009. OR No.11/09 was registered against 11 persons alleging the commission of offences under Section 27(1) e iii & iv of the Kerala Forest Act 1961. The petitioner is implicated as the 7th accused. 3. It appears that proceedings are pending before the Divisional Forest Officer under Section 61 A of the Forest Act and the petitioner has not so far received any notice also. 4. The petitioner sought for release of the vehicle before the Judicial Magistrate of the First Class Court, Mannarkad under Section 451 of the Code of Criminal Procedure and Ext.P1 is the copy of the order passed by the learned Magistrate. The learned Magistrate was passed the said order in view of the report that the authorised officer has already initiated steps to W.P.(C)No.4883 of 2010 2 confiscate the vehicle and there is no scope for interfering with the proceedings initiated by the authorised officer and accordingly the petition was dismissed. 5. Thereafter the petitioner filed Ext.P2 application before the first respondent namely the Divisional Forest Officer, seeking for interim custody of the vehicle. The vehicle is valued at Rs.1,50,000/- and the petitioner is prepared to deposit the amount before the authorised officer, as security for its release. 6. The learned counsel for the petitioner submitted that in the light of the provisions of the Forest Act, the first respondent is having the power to release the said vehicle by way of interim custody. 7. There will be a direction to the first respondent to take a decision on Ext.P2 within a period of two weeks from the date of production of a copy of this judgment. 8. It is submitted by the learned Government Pleader that proceedings under 61 A will be finalised within a period of two months after notice to the petitioner and after hearing the petitioner. The same is recorded. Appropriate orders shall be W.P.(C)No.4883 of 2010 3 passed on Ext.P2 in accordance with law, in the meanwhile, pending such proceedings. This writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE skj