ELESSAMMA JOSE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN the present writ petition the petitioner prays for quashing of the letter bearing No. Aa ta sam aa of 1996-97, dated 15-10-1996 (annexure 'e') and mahazar dated 14-10-1996 (annexure 'f') issued by the 4th respondent-range forest officer, byndoor, to declare that the seizure of the petitioner's car bearing No. Kl - 13 / 505 by 4th respondent is illegal and to direct 4th respondent to pay compensation of Rs. 50,000/- for illegal and invalid seizure of the petitioner's car.

(2.) ACCORDING to the petitioner, her husband Mr. Jose thomas is running a hotel by name hotel highway garden at bhatkal, situated at national highway No. 17. It is said that on 28-6-1996 at around 12 noon the range forest officer of bhatkal along with his subordinate staff came to the premises of the said hotel and arrested one tipper lorry bearing No. Ka - 19 / 3464 with some timber wood logs loaded thereon. Subsequently, cr. No. 170 of 1996 was registered against the husband of the petitioner and some other persons for committing offence punishable under Section 24 (e) and (f) of the Karnataka forest Act, 1963 (hereinafter for short 'the act') and the rules framed therein.

(3.) THE further case of the petitioner is that on 29-6-1996, the 4th respondent came to the hotel and arrested two persons therefrom. Another case in cr. No. Or 9 of 1996-97 was registered in respect of the above referred tipper lorry, which was found loaded with timber wood logs, under Section 24 (e) (ii) and (c) of the act read with Rule 144 of the Karnataka forest rules, 1969. In this crime 9 persons were named as accused including husband of the petitioner.