STATE OF KARNATAKA Vs. K KRISHNAN

JUDGEMENT

(1.) Leave granted.

(2.) A jeep bearing Registration No. KLI 3839 and Lorry with Registration No. KA-21-2071 were seized by Shri Padmanabha Gowda, Range Forest Officer, Puttur on 3-9-1997 along with six Kiralbhogi logs, a forest produce which was being transported without the permit in violation of the provision of the Karnataka Forest Act, 1963 (hereinafter referred to as "the Act"). After registration of Case No. 199/96-97, the vehicles along with the seized timber were produced before the Authorised Officer (Deputy Conservator of Forests, Mangalore Division, Mangalore) for taking action under Section 71-A of the Act. Vide order dated 6-2-1997 the Range Forest Officer, Puttur was authorised to keep the vehicles and logs under his safe custody till further orders, Lorry owner filed an application for the release of his vehicle which was rejected on 14-5-1997. However, vide order dated 11-7-1997, passed by the Additional Sessions Judge, D. K. Mangalore in Criminal Appeal No. 52 of 1997, the said lorry was released to its registered owner on interim custody. Thereafter the respondent filed an application praying for the release of the vehicle to him on interim custody. On production of RC Book the jeep bearing Registration No. KLI 3839 was ordered to be released to the interim custody of the respondent subject to the following conditions:

(3.) Not satisfied with the aforesaid order, the respondent herein filed a petition under Section 482 of the Code of Criminal Procedure in the High Court of Karnataka praying for quashing of order dated 15-9-1999 passed by the Authorised Officer and for the unconditional release of vehicle. It appears that the High Court directed the SPP to take notice and immediately thereafter passed the order impugned by which it was directed that the order of the Authorised Officer in so far as it related to the bank guarantee shall stand modified and the respondent shall furnish only two solvent sureties to the satisfaction of the authority to an extent of Rs. 1,50,000/- each for the purpose of getting the interim custody of the jeep.