IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 32017 of 2009(V) -------------------------- PETITIONER(S): --------------- BALAKRISHNAN,S/O.NARAYANA GUPTHAN, MANAPPATTIL HOUSE,KUTTICHOLA,EDAKKURISSI, KARIMBA-1 VILLAGE,MANNARKKAD TALUK. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): --------------- 1. THE DIVISIONAL FOREST OFFICER, MANNARKKAD. 2. DEPUTY RANGER, PALAKKAYAM FOREST STATION, PALAKKAYAM,MANNARKKAD TALUK. GOVERNMENT PLEADER SRI.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32017/2009 -------------------- Dated this the 30th day of November, 2009 JUDGMENT The petitioner's father late Narayana Gupthan was the registered owner of a goods vehicle bearing registration No.KL 9 J 5019. The said vehicle along with 57 bags of reeds valued at Rs.3,200/-, was seized by the Deputy Ranger, Palakkayam Forest Station. Occurrence Report No.18/2009 was thereafter filed in the Court of the Judicial Magistrate of First Class, Mannarkkad. The petitioner thereupon moved the Divisional Forest Officer, Mannarkkad, seeking release of the vehicle. This writ petition is filed contending that ever since 25.9.2009, the vehicle is lying exposed to the elements of nature in the Divisional Forest Office at Mannarkkad. The petitioner contends that as the value of the goods alleged to have been carried in the vehicle is only Rs.3,200/- and as the goods seized are 57 bags of reeds used for the manufacture of handles for shopping bags, there is no reason why the vehicle should not be released to him by way of interim custody. 2. The learned Government Pleader appearing for the W.P.(C).32017/09 2 respondents submits on instructions that there is no provision enabling the authorised officer to release the vehicle by way of interim custody and that the Divisional Forest Officer will finalize the proceedings initiated against the petitioner under Section 61A of the Kerala Forest Act, 1961 expeditiously. 3. Ext.P1 occurrence report discloses that goods seized from the vehicle are 57 bags of reeds valued at Rs.3,200/-. The value of the vehicle is shown therein is Rs.85,000/-. The petitioner submits that the reeds are used to manufacture handles for shopping bags and that what was carried in his vehicle was not forest produce illegally cut from the reserve forest. He states that his driver was led to believe that the reeds were cut with requisite permission and that in such circumstances, as his driver had taken reasonable care and precaution against illegal use of the vehicle, he is entitled to have the vehicle released at least on terms. 4. In my opinion going by the nature of the goods and the value thereof, no serious prejudice will be caused to the State of Kerala if payment of the value of the vehicle as estimated in Ext.P1 is assured. In such circumstances, I dispose of this writ petition with the following directions. W.P.(C).32017/09 3 The respondents shall release the vehicle described in Ext.P1 to the petitioner in the event of the petitioner furnishing bank guarantee for the sum of Rs.85,000/- along with a consent letter from the other legal heirs of late Narayana Gupthan permitting him to take custody of the vehicle. The petitioner shall also execute a bond before the first respondent undertaking to produce the vehicle in the event of it being ordered to be confiscated. In the event of the vehicle being surrendered after it is ordered to be confiscated, the bank guarantee shall be returned to the petitioner. The petitioner shall not transfer or otherwise dispose of the vehicle or encumber it. The Divisional Forest Officer shall pass final orders in the proceedings under Section 61A of the Kerala Forest Act, within four months from today. The vehicle shall be released to the petitioner by way of interim custody on the day he furnishes the bank guarantee and executes the bond. P.N.RAVINDRAN, Judge mrcs