DIVISIONAL FOREST OFFICER Vs. ABID ALIAS ABID MOHAMMED

JUDGEMENT

(1.) The 1st respondent along with 5 others were arrested on 22.12.2005 for offences under Sections 9, 39(1)(d), 50, 51 read with Section 2(16), 2(36) of the Wild Life Protection Act 1972. The vehicle bearing Registration No. KCE-3151, Maheendra Jeep, was seized as it was alleged to have been used for the commission of the above offences. The 1st respondent filed a petition, as C.M.P. No. 1587/2006 before the Judicial Magistrate of the First Class-II (Forest Offences), Manjeri, under Section 451 of the Code of Criminal Procedure. By Annexure-B order, that petition was allowed and the vehicle was ordered to be released to the 1st respondent. Assailing Annexure-B order, this petition under Section 482 of the Code of Criminal Procedure is filed by the investigating officer. Having heard, I find that the issue involved in this case is covered by the decisions of the Apex Court in Section Forestor and another v. Mansur Ali Khan, 2004 1 SCC 293 and State of Karnataka v. K. Krishnan, 2000 7 SCC 80 . In Section Forestor's case at para 5 and 6, it is held as follows:

(2.) In the result, this petition is allowed. Annexure-B order would stand quashed. The 1st respondent shall produce the vehicle before the trial court. In the event he fails to produce the same, the trial court shall see the same is seized and kept in safe custody or disposed of otherwise in accordance with law and procedure.