SAFIYA V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by Annexure E order of the Judicial First Class Magistrate, Mannarkkad, dismissing the application seeking interim custody of her Maruti Alto LXI Car bearing registration No.KL-50-H-8824. The brief facts, which led to the application for interim custody being filed, are as under: Forest Officials attached to the Ommala Forest Station, Palakkad, intercepted a motorcycle and seized sandalwood pieces on 21.07.2020, resulting in registration of OR No.21 of 2020, for the offences under Sections 27(1) (e) (iii), (iv), 47C(1), 47G(1), 52(1) and 61A of the Kerala Forest Act, 1961. Questioning of the three persons from whom the contraband was seized revealed that, on an earlier occasion they had cut and removed another piece of sandalwood at the instance of one Asharaf in a Maruti Alto Car bearing registration No.KL-50H-8824. Based on the statement, Asharaf, who is the petitioner's husband, was made an accused, the car belonging to the petitioner seized and confiscation proceedings initiated. Hence, the application for interim custody under Section 451 Cr.P.C.

(2.) The application for interim custody was dismissed under Annexure E order, finding that the vehicle seized under Section 61A (1) of the Kerala Forest Act was produced before the authorised officer for the purpose of ordering confiscation under Section 61A(2). It was held that disposal of the properties, either by way of interim custody or final disposal can be made only in accordance with the procedure prescribed in the Kerala Forest Act.

(3.) Annexure E order is challenged on the ground that the petitioner's vehicle has no connection with the alleged offence and even going by the admitted facts, neither Section 52 nor 61A, has application.