MOHAMMED ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The point to be decided in this Writ Petition is whether the Judicial Magistrate, before whom a vehicle seized under the provisions of the Wild Life (Protection) Act, 1972, is produced, is competent to give interim custody of the same to the registered owner. The brief facts of the case, as stated by the petitioner, are the following:

(2.) The petitioner is the owner of a lorry bearing Registration No. KL5/F-7051. The driver of the said vehicle was taken into custody by the Forest Officials on 16.6.2004. His driver confessed that on 13.6.2004, the said lorry was used for transporting forest timber worth Rs. 75,000/-. On the basis of the said confession, the petitioner's vehicle was taken into custody under Ext. P2 mahazar. As per Ext. P2, the value of the logs transported is Rs. 2,50,000/- and the value of the lorry is Rs. 3 lakhs. The petitioner submits, the goods and the lorry were seized under S.52(1) of the Forest Act, for action under S.61A of the said Act. The petitioner further submits that his driver was specifically instructed not to transport any contraband goods. The petitioner was not aware of the seizure of the vehicle. On finding that the vehicle was missing, he filed a petition before the Sub Inspector of Police, Kanjirappally, which would be evident from Ext. P5. Later, on finding that the lorry was with the 2nd respondent, he filed Ext. P6 representation before the said respondent and also Ext. P7 representation before the 1st respondent for release of the lorry. Thereafter, this Writ Petition is filed, seeking appropriate reliefs.

(3.) The 2nd respondent has filed a counter affidavit, in which it is submitted that the vehicle has been seized under the provisions of the Wild Life (Protection) Act, 1972 and therefore, it has become the property of the Government. It is also submitted that neither the officers of the Forest Department nor the concerned Criminal Court, are competent to release the vehicle, in view of the deletion of sub-s.(2) of S.50 of the Wild Life (Protection) Act, 1972, empowering the concerned Magistrate to release the goods or the vehicles seized. Therefore, it is submitted, once the vehicle is seized, it becomes the property of the Government and the same cannot be released. It is further submitted that the timber logs transported, using the petitioner's vehicle, were cut and removed from the Idukki Wild Life Sanctuary and therefore, the vehicle and the timber logs have to be dealt with under the provisions of the Wild Life (Protection) Act, 1972.