SHIHAB Vs. STATE OF KERALA

JUDGEMENT

(1.) Learned counsel for the respondents, after service of notice, has entered appearance. He may file vakalatnama within one week. However, since the counsel for the parties are ready to argue the matter, we have heard the matter finally at this stage. Leave granted.

(2.) On 06.09.2015, two vehicles, one belonging to each of the appellants, were intercepted by Forest Officers. On inspection, it was found that the vehicles were carrying river sand, for which the drivers therein had no documents and, therefore, it was understood that the sand was being transported unauthorisedly. Accordingly, Crime No. OR 3/2015 was registered under Sections 2(f)(ii)(d), 27(1)(e)(v) and 52(1) of the Kerala Forest Act. Both the vehicles, the sand therein, and 5 persons in the vehicle (appellants were not present in the vehicle), were taken into custody. The appellants/accused persons were thereafter produced before the Trial Court. The Trial Court granted bail to the accused persons and entrusted the vehicles to the Forest Station for safe custody. Investigation is pending in the instant case. On learning about the seizure of their vehicles, the appellants preferred separate applications under Section 451 of the Code of Criminal Procedure, 1973 before the Trial Court, praying for interim custody of their respective vehicles. This was objected to by the Deputy Range Forest Officer, in his report dated 09.10.2015 expressing the apprehension that, if released, there is every likelihood of the vehicles being used for the similar offence again. The Trial Court, vide separate order dated 20.10.2015, granted interim custody of the respective vehicles to both the appellants, on certain conditions. One of the conditions therein was that the appellants shall furnish cash deposit or bank guarantees of the value of their respective vehicles, as assessed by the Assistant Executive Engineer. The value of the vehicles, assessed by the Assistant Executive Engineer in his report dated 30.10.2015, came to Rs. 4 lacs for appellant no. 1's vehicle and Rs. 8.5 lacs for appellant no. 2's vehicle. Being aggrieved, the appellants filed Petitions under Section 482 of the Code of Criminal Procedure, 1973 individually before the High Court praying to set aside the condition to make equal cash deposit or furnish guarantee equal to the value of the vehicles. Vide the impugned Order dated 20.01.2016, the High Court noted that the concerned vehicles were being used to transport sand, which was essentially a forest produce under Section 2(f) of the Kerala Forest Act.

(3.) In such a case, on conviction, Section 55 of the Kerala Forest Act would come into play and the vehicles used for committing the said offence should be liable for confiscation by the Trial Court dealing with the matter. When the vehicles are liable to be confiscated on conviction, it could not be said that the terms and conditions imposed by the Trial Court in both the cases were onerous.