Kerala High Court
State Of Kerala Rep.By Range Forest ... vs Sunny on 24 August, 1897
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 10TH DAY OF FEBRUARY 2014/21ST MAGHA, 1935
Crl.MC.No. 5602 of 2013 ()
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AGAINST THE ORDER/JUDGMENT IN CMP 2969/2013 of J.M.F.C.,NEDUMKANDOM
CRIME NO. 28/2013 OF KUMALI FOREST RANGE OFFICE , IDUKKI
PETITIONER(S)/PETITIONER:
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STATE OF KERALA REP.BY RANGE FOREST OFFICER, KUMILY
BY PUBLIC PROSECUTOR SRI.M.P.MADHAVANKUTTY
COMPLAINANT(S)/RESPONDENT:
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SUNNY
S/O.VARKEY, MUKALEL HOUSE, UPPUTHARA KARA
UPPUTHARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT
BY ADV. SRI.AJEESH S.BRITE
BY ADV. SRI.E.A.BIJUMON
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
10-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5602 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE 1: TRUE COPY OF THE GAZETTE NOTIFICATION DATED 24-08-1897
RESPONDENT(S)' EXHIBITS
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/TRUE COPY/
P.S TO JUDGE
P.UBAID, J.
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Crl.M.C No.5602 of 2013
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Dated this the 10th February, 2014
O R D E R
The order passed by the learned Judicial First Class Magistrate, Nedumkandom releasing a vehicle under Section 451 of the Code of Criminal Procedure to the respondent herein is under challenge in this proceedings. The said order is sought to be quashed under Section 482 of the Code of Criminal Procedure on the ground that the said vehicle is liable for confiscation under the provisions of the Kerala Forest Act. The said vehicle was allegedly used by the petitioner for removing some timber from a cardamom estate. On seizure of the property, the Forest Department registered a crime as O.R No.28/2013 under Section 27 (1) (e)(iii) of the Kerala Forest Act read with Section 5 (2) of the Kerala Preservation of Trees Act, 1986. The vehicle was ordered to be released on strict conditions by the learned Magistrate including a direction to preserve vehicle unassigned.
Crl.M.C No.5602 of 2013 2
2. On hearing both sides and on a perusal of the case records, this Court does not find any scope for interference. Whether the vehicle is liable for confiscation under the Kerala Forest Act, the timber being removed from a private cardamom estate, is a matter to be finally decided by the Hon'ble Supreme Court. In such a situation, the vehicle will have to be released to the proper party, on appropriate conditions to preserve the vehicle till criminal proceedings are over and final decision is taken as to whether the property is in fact liable for confiscation. The learned Magistrate has imposed necessary conditions, and this Court finds that those conditions are sufficient to preserve the vehicle unassigned till the trial process is over and decision is taken whether the vehicle is in fact liable for confiscation. In the above circumstances, this Crl.M.C is liable to be dismissed.
In the result, this Crl.M.C is dismissed.
P.UBAID JUDGE ma