HONOURABLE SRI JUSTICE RAJA ELANGO CRLIMINAL PETITION No.12783 OF 2011 ORDER: This Criminal Petition is filed with a prayer to quash the order, dated 23-11-2011, in Criminal M.P. No.426 of 2011 on the file of the Judicial Magistrate of First Class, Rly. Kodur in Crime No.147 of 2011- 12 of Kodur Police Station for the offences under Sections 20(1)(a), (2), (3), (6), Section 29(4)(b) of A.P. Forest Act, 1967 and Rule 3 of Red Sanders and Sandal Wood Forest Rules 1969. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the 2nd respondent. 3. The learned Magistrate dismissed the said application on the ground that the Court has no power to pass orders for interim release of the vehicle seized, since the vehicle is involved in a forest offence and there is a bar for return of the property seized in a forest offence. 4. Upon perusal of the record and also the relevant provisions, this Court is of the view that there is no bar for the Magistrate to invoke the provisions under Section 457 Cr.P.C. to return the property, which was under the custody of the officers concerned and further in the said provisions, the confiscation powers have been given to the officers concerned. The said confiscation also to be made as per the procedure laid down in the Forest Act. In the meanwhile, for interim custody of the property, the Magistrate has power to pass orders. The decisions relied upon by the learned Magistrate are in connection with some of the Forest Acts pertaining to other States. Therefore, this Court is of the view that the Magistrate is empowered to pass order for interim custody of the seized property. 5. Hence, the Criminal Petition is allowed by quashing the order, dated 23-11-2011, in Criminal M.P. No.426 of 2011 passed by the Judicial Magistrate of First Class, Rly. Kodur, with a direction to learned Magistrate to consider the application of the petitioner for interim custody of the vehicle, by invoking the provisions under Section 457 Cr.P.C. and pass appropriate orders in accordance with law. Any orders passed by the learned Magistrate for interim custody of the seized property, certainly, will not stand in the way for confiscation proceedings. ______________ RAJA ELANGO, J December 16, 2011. KTL