SAJU KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the owner of the vehicle bearing registration No.KL-33-B-3280. He is the first accused in O.R. No.12/2023 of Karikulam Forest Station, alleging offences punishable under Sec. 27(1)(e)(iv) of the Kerala Forest Act, 1961 (for short ' the Act' ). The aforesaid vehicle, which is a Tipper Lorry, was found on 3/12/2023, dumping waste into the forest and was immediately seized. According to the prosecution, the aforesaid vehicle was parked inside the forest dumping the waste. On verification, it was realised that the waste was generated from a service station by the name 'Grace Water Service Station".

(2.) Subsequently, petitioner filed an application as Crl.M.P. No.4847/2023 in O.R. No.12/2023 of Karikulam Forest Station under Sec. 451 Cr.P.C. for interim custody of the vehicle. The learned Magistrate, by the impugned order dtd. 30/12/2023 dismissed the application, against which this petition under Sec. 482 is preferred.

(3.) I have heard Sri. Santharam P., the learned counsel for the petitioner as well as Sri.Ashi M.C., the learned Public Prosecutor.