S P FOREST CELL ADYAR Vs. KANNANS CO

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the parties.

(3.) The present appeal is directed against the order, dated 2nd September, 1992 of the Single Judge in Writ Petition No. 12601 of 1992 filed by the respondent before the High Court of Judicature at Madras. The writ petition was allowed with the direction to the appellant to return the sandalwood, seized on 30th August, 1992 from the godown of the respondent-company at Alamathi village, Thiruvallur Road, Red Hills, Madras-52. The respondent alleged in the writ petition that 8.508 tons sandalwood is seized by the present appellant illegally, without ascertaining true facts as the sandalwood was validly with the respondent in terms of the licence and in accordance with law. The respondent referred to the two criminal cases, i. e. , Criminal Case Nos. 9 and 10 of 1992, one relating to the seizure of the lorry and the other to the seizure of the sandalwood. It seems the High Court went too far in writ jurisdiction to draw its inference on a subject matter of criminal cases in which the seized sandalwood is the subject matter of issue. The High Court records the following findings: "it is true that two criminal cases in Crime Nos. 9 and 10 of 1992 are pending against the petitioner company. But that does not mean that the sandalwood products seized in this case to the extent of 8.508 tons is part and parcel of the materials of those criminal cases. Simply because there is no official seal/ manner mark or any mark on the sandalwood products seized from the petitioner's godown, it cannot be said that the sandalwood products seized is illicitly purchased or smuggled. "