RAJILESH P.V Vs. DEPUTY RANGER

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking for release of the vehicle, namely, a TATA-407 bearing registration No.KL-58G-2268 which is involved in a forest offence.

(2.) IT is averred in the writ petition that the vehicle was hired on 25/05/2012 by one Shri Saji E.T to transport Timber to Cherthala. In that course, the vehicle was seized. The petitioner is the second accused in a case registered under Section 27(1)(d)(e)(iii) of the Kerala Forest Act, 1961. Even though, an application was filed under Section 457 of the Criminal Procedure Code before the Judicial First Class Magistrate Court, Kunnamkulam as CM.P.No.3373/2012, the same has been found not maintainable as the vehicle involved has been produced before the authorised officer under Section 61A of the Kerala Forest Act. According to the petitioner, the timber logs in question belong to a temple and it is submitted that there is no illegality in the matter.

(3.) IT is clear that the proceedings under Section 61A of the Kerala Forest Act is still pending. The vehicle if it remains idle, naturally, the value of the vehicle will be depleted by exposure to sunlight and rain and other vagaries of nature. To protect the rights of both the parties, it is only proper that the vehicle be released to the petitioner on strict terms.