DIVISIONAL FOREST OFFICER Vs. KALLUR RANGAPPA

JUDGEMENT

(1.) The common question raised in this batch of writ appeals is as to the validity of the orders made by the learned single Judge under Art. 226 of the Constitution of India directing interim custody of the vehicles seized under Sec. 62 of the KARNATAKA FOREST ACT, 1963, 1963, ('the Act').

(2.) The vehicles have been seized by the concerned Forest Officer/Police Officer in the belief that the same had been used as carriers to smuggle forest produce belonging to the State. Those vehicles were produced before the Authorised Officer-Deputy Conservator of Forests. Thereupon, the respondents claiming to be the persons entitled to the possession of those vehicles, approached the Authorised Officer for interim custody of the vehicles. They pleaded that they were not aware of the use of the vehicles for committing forest offences ; that they had no knowledge about the commission of offences ; and that therefore the vehicles should be released to their custody pending final adjudication of the matter. The Authorised Officer, however, refused to release the vehicles as prayed for. So, the respondents approached this Court invoking extraordinary jurisdiction under Articles 226 and 227 of the Constitution.

(3.) The learned single Judge before whom the writ petitions came up for hearing, directed the Authorised Officer in cach of the cases to release the concerned vehicle to the respondents subject to certain conditions. Being aggrieved by such orders of the learned Judge, the State has preferred these appeals.