PRASAD K.N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to respondents 2 and 3 to release petitioner's vehicle bearing Nos.KL-10-AB-4585 without any delay. Brief material facts for the disposal of the writ petition are as follows;

(2.) Petitioner is arrayed as the 5th accused in O.R No.16/2015 of the Devikulam Forest Range Office, Munnar Division. Petitioner challenged the above proceedings before this court by filing Crl.M.C No.4316/2015, which was admitted by this court on 13.7.2015 and stayed all further proceedings. Thereafter on 20.12.2018, Crl.M.C. was finally disposed of by this court directing the respondents to file a final report before 20.2.2019. On 7.2.2019, 2nd respondent issued a notice to the petitioner to appear before him and give a statement regarding the O.R. in the light of Ext.P1 judgment. Accordingly petitioner appeared before the 2nd respondent and gave the statement. While so, petitioner submitted an application for renewal of Goods Permit for the vehicle concerned, which was to be expired on 26.12.2018, but the Joint Regional Transport Officer, Devikulam rejected the renewal application by Order dated 16.1.2019 assigning the reason that, based on a letter issued by the 2nd respondent dated 7.2.2019, the vehicle was involved in forest offence. Therefore, the permit cannot be renewed. Thereupon, challenging the said order, petitioner has approached before this court by filing W.P.(C) No.4022/2019, which is pending consideration before this court. While so, on 8.3.2019, 2nd respondent directed the petitioner to produce the vehicle, otherwise the petitioner will be arrested. Petitioner has thereupon submitted Ext.P5 reply stating that, it is a garaged vehicle under Rule 10 of the Motor Vehicles Taxation Rules, 1975 and only with the permission of the Joint Regional Transport Officer, the vehicle can be taken out, which according to the petitioner, was refused to be accepted by the said respondent. However, on 9.3.2019 the 2nd respondent along with six other identifiable persons came to petitioner's workshop and forcibly taken possession of the vehicle without observing any procedure for seizure of the vehicle under investigation. Thereupon, petitioner has filed a complaint before the 3rd respondent on 9.3.2019 itself, evident from Ext.P6. Ext.P7 complaint is also filed before the Adimaly Police Station on 9.3.2019.

(3.) On the other hand, learned Special Government Pleader submitted that, the vehicle of the petitioner was seized on 9.3.2019 from the premises of the petitioner after much difficulty and securing Police assistance. The seizure of the vehicle and production of it before the authorised officer was reported to the Judicial First Class Magistrate Court, Devikulam on 16.3.2019. It is also stated that, the vehicle belonging to the petitioner was used to transport illegally collected trees from 1965 Kuttiar Valley Plantation, which is a part of proposed Kannan Devan Hills Reserve Forest notified under Kerala Forest Act, 1961. That apart it is pointed out that, the investigation could not be completed or proceeded with since the subject matter was stayed by this court in Crl.M.C. No.4316/2016. Since the vehicle seized was used for the illegal transportation of timber, which is the property of the Government, it is produced before the Divisional Forest Officer, who is authorised to initiate proceedings as per section 61A of Act, 1961.