H B KRISHNA Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) THESE Writ Petitions are filed under very pecuniary circumstances having the petitioner being unsuccessful before the Authorised Officer and Deputy Conservator of Forest, Bellary Division, Bellary and also before the learned Judicial Magistrate of First Class, Sandur and as well as before the 2nd Additional Sessions Judge at Bellary in getting the interim custody of his vehicle involved in F.O.C. No.10/2012 -13 registered by a Forest Guard, Siddapura Beat, Sandur Range on 11.07.2012 for the offence under Section 2(7) iv, 62, 80, 79 of Karnataka Forest Act, 1963 and Under Rule 144 of Karnataka Forest Rule 1969.

(2.) THE brief factual matrix that emanate from records are that, it is alleged that the petitioner used his truck bearing Registration No. KA -35/A -978 for committing a forest offence in lifting and transporting the 10 metric tonnes of iron ore from the forest range within the range forest of Sandur. The said vehicle was seized and the seizure was brought to the notice of the Hon'ble J.M.F.C., Sandur on 11.07.2012. The petitioner in fact, at the first instance approached the Authorised Officer and Deputy Conservator of Forest, Bellary Division for interim custody of the said vehicle. By passing a detailed order, the Authorised Officer has come to the conclusion that he has no jurisdiction to pass any orders under Section 71A, 71C and 71D of the Karnataka Forest Act, as said power vest with the Judicial Magistrate of First Class, Sandur. On that ground, he rejected the application.

(3.) HAVING suffered the said order, the petitioner approached the Civil Judge and J.M.F.C., Sandur by way of an application under Section 457 of Cr.P.C. The learned Magistrate after hearing the parties, he has come to the conclusion that Judicial Magistrate has no jurisdiction to make any order regarding the release of interim custody of Forest produce or the vehicle seized under Section 62. The Magistrate gets jurisdiction only when the forest produce or the vehicle seized is also produced before him for enquiry or trial.