IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH DECEMBER 2006 / 15TH AGRAHAYANA 1928 WP(C).No. 31854 of 2006(P) -------------------------- PETITIONER: ------------ J. SARANGADHARAN, S/O. JANARDHANAN, PRABHA VILASAM, THUDAYANOOR P.O., KADAKKAL. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS: ------------- 1. RANGE OFFICER, ANCHAL RANGE OFFICE, ANCHAL. 2. DIVISIONAL FOREST OFFICER, PUNALUR. BY G.P. SMT.SUSHEELA BHAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.31854 of 2006 .................................................................... Dated this the 6th day of December, 2006. JUDGMENT Since the vehicle seized is subject to adjudication under Section 61A of the Forest Act, there will be direction to the second respondent to release it on petitioner furnishing Bank Guarantee for it's value which is to be determined by the second respondent after granting depreciation on original cost depending on number of years of use of the vehicle at the rate of 10% per year. Since the petitioner is allowed to use the vehicle which will lead to loss in value of the vehicle, the petitioner will give a further undertaking that in the event of confiscation, respondents can encash the Bank Guarantee instead of ordering surrender of the vehicle. In other words if vehicle is confiscated, the second respondent will treat the confiscation notional and encash the Bank Guarantee and credit the amount in the Government Treasury as value of seized vehicle. The confiscation proceedings should be completed within three months from the date of production of copy of this judgment. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms