B MUHAMMED ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) JUDGMENT Against the petitioner, a crime is registered by the forest officials and investigation is pending. The crux of the allegations against him is that he had trespassed into the vested forest and had put up structures to start a factory. Plant and machinery were installed in the structures put up. The petitioner had approached the learned Magistrate with a petition under Section 451 Cr.P.C. The learned Magistrate rejected the said prayer. The petitioner approached the learned Sessions Judge and the learned Sessions Judge, by order dated 31/08/2005, directed release of the articles subject to conditions.

(2.) Subsequently, condition No.4 imposed therein that the petitioner shall not carry out any manufacturing process, was also deleted by this court under order dated 14/11/2005 (a copy of which is produced as Ext.P15). A copy of the order of the learned Sessions Judge is produced as Ext.P14. The petitioner, at that stage, had filed an O.A for a declaration that the property purchased by him in which he had put up the building and machinery is not in the vested forest. The petitioner's petition was dismissed. An M.F.A is pending before this court, it is submitted. In the mean time, Annexure P17 order has been passed by the second respondent directing confiscation under Section 66 of the Kerala Forest Act. The petitioner has, in these circumstances, come to this court with a prayer that the machinery may be directed to be released to the petitioner subject to appropriate conditions.

(3.) The learned Special Government Pleader (Forest) does not raise objections against the prayer for release but only prays that appropriate conditions may be imposed to ensure that the petitioner would pay the value of the plant and materials to the State subject to the final orders to be passed in the prosecution which is proposed to be initiated against him.