CRYSTAL GRANITES LTD Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner in possession of a proclain machine. He is operating a granite quarry. For clearing the granite quarry, he made use of the poclain machine and cut and removed and also uprooted some sandal wood saplings which was there in his own property. He has allegedly dumped soil on the uprooted sandal wood samplings. OR No.3/2017 of the Ezhattumugham Forest Station has been registered against him and four others for the offences under Sections 47B(1), 47C(1)(i) and Section 52 of the Kerala Forest Act, 1961(for short, 'the Act').

(2.) The poclain machine was seized from the possession of the petitioner and the same was produced before the Judicial First Class Magistrate's Court, Kalady. The petitioner filed CMP 1187/2017 before the court below for the release of the poclain machine to his interim custody under Section 451 Cr.P.C. The Forest Range Officer filed CMP No.1188/2017 for the return of the poclain machine to his custody for initiating confiscation proceedings under Section 61A of the Act. Both the said petitions were heard. The CMP filed by the petitioner was dismissed and the CMP filed by the Forest Range Officer was allowed. The said order is under challenge in these Crl.M.Cs.

(3.) Heard the learned Senior Counsel for the petitioner and the learned Special Government Pleader for Forest.