IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 29656 of 2008(E) -------------------------- PETITIONER: -------------- ABOOBACKER, S/O.MOHAMMED, SAYIDA MANZIL, KOLIYADUKKAM, PERUMBALA P.O.,KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENTS: ---------------- 1. THE FOREST RANGE OFFICER KASARAGOD, 2. THE DIVISIONAL FOREST OFFICER KANNUR. R1 & R2 BY GOVERNMENT PLEADER, SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- W.P.(C) No. 29656 OF 2008 ----------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT Against a Tata Sumo vehicle No.KL-14-E-1775 belonging to the petitioner, proceedings under Section 61 A of the Kerala Forest Act has been initiated by the authorised officer/the 2nd respondent. The vehicle was seized on 09.01.08. It was allegedly used in transportation of 227.500 Kgms of sandal wood. The petitioner has come to this Court complaining that the proceedings have not been completed and the vehicle has not been released to him. The vehicle is unnecessarily exposed to sun and rain. It is suffering damage, deterioration and loss. The learned counsel for the petitioner prays that either there may be specific directions to dispose of the proceedings under Section 61 A forthwith or subject to appropriate conditions, the vehicle may be directed to be released to the petitioner. 2. Notice was given to the respondents. The learned Government Pleader on behalf of the 2nd respondent submits that further time of two months is required to complete the proceedings. I note that the vehicle has been seized and remains in the custody of the officials from 09.01.08. Without going into W.P.(C) No. 29656 OF 2008 -:2:- the merits of the case, imbibing the spirit of the decision in Sundarbai Ambalal Desai v. State of Gujarat [SC 2003(2) KLT 1089], I am satisfied that appropriate directions must be given to ensure that the vehicle is released to the petitioner subject to appropriate terms and conditions. 3. In the result: a) This Writ Petition is allowed. b) The 2nd respondent is directed to release the vehicle to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for an amount equal to the value of the vehicle to be determined by the respondent ii) He shall furnish a bank guarantee for the said amount from any nationalised bank. Iii) In such bond, he shall specifically undertake to produce the vehicle before the authorised officer as and when directed by him, if necessary, after completion of the proceedings under Section 61 A of the Kerala Forest Act. R. BASANT, JUDGE ttb W.P.(C) No. 29656 OF 2008 -:3:- W.P.(C) No. 29656 OF 2008 -:4:-