IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1784 of 2009() -------------------------------------- (O.R.NO.3/09 OF FOREST RANGE OFFICE, KALPETTA) PETITIONER(S): ------------------------ ABDULLA,AGED 43 YEARS, S/O.SOOPI,KARIYADAN KANDY HOUSE, PERUNNANNUR AMSOM,THARUVANA, MANANTHAVADY. BY ADVS. MR.ELDHO PAUL, SMT.TESSY JOSE. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. 2. THE FOREST RANGER OFFICER,KALPETTA. 3. THE DIVISIONAL FOREST OFFICER, SOUTH WAYANAD. R1 TO R3 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1784 OF 2009 =========================== Dated this the 9th day of June,2009 ORDER A Tata Mini Lorry bearing No.KL-5B-7421 was seized by the Forest Range Officer for illicitly transporting bark of Karappa tree a forest produce and produced it before the Divisional Forest Officer, South Wayanad for confiscation. Petitioner claiming to be the owner filed C.M.P.541/2009 before Chief Judicial Magistrate Kalpetta for interim custody of the vehicle under section 457 of the Code of Criminal Procedure. Under Annexure -A4 order Chief Judicial Magistrate dismissed the petition holding that when confiscation proceedings has already been initiated, interim custody cannot be granted by the court and petitioner has to approach that authority. Case of the petitioner is that he filed the original of Annexure A5 petition before the Divisional Forest Officer for interim custody and no order is so far passed. 2. Learned Government pleader submitted that though Annexure A5 petition was received, petitioner did not establish his ownership of the vehicle. As no Crl.M.C.1784/2009 2 order is passed in the application Divisional Forest Officer is directed to pass appropriate order in Annexure A5, without delay. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006