ABRAHAM, S/O LUKA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner claims to be the registered owner of a pick up van bearing No. KL-42/D-115 which was seized by the forest officials for alleged illicit transportation of forest timber on November 07, 2010. The Mananthavady Forest Range Officer registered O.R. No. 1 of 2010 for the said incident. Petitioner moved learned Judicial First Class Magistrate-I, Mananthavady with C.M.P. No. 429 of 2011 for interim custody of the vehicle. By Annexure-A5, order dated 30.03.2011 that request was disallowed by the learned Magistrate observing that offences alleged are serious. The said order is under challenge. Learned Counsel submitted that the vehicle is remaining idle and it will get damaged and lost. Petitioner is prepared to abide by any condition in case custody of the vehicle is given to him. I have heard learned Public Prosecutor also. Learned Public Prosecutor has contended that serious offences is reported to be committed making use of the vehicle.

(2.) It is not disputed that the vehicle was seized on November 07, 2010. Since then it is remaining idle. If it is kept idle it will get damaged and lost. The Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat,2003 KerLT 1089 has prescribed guidelines with respect to interim custody of vehicles seized for being involved in criminal cases. Having regard to the facts and circumstances of the case I am inclined to think that interim custody of the vehicle can be given to the Petitioner subject to the final order that the learned Magistrate or other appropriate authority dealing with proceeding for confiscation (if any) passed in the matter.