Kerala High Court
Abdul Salam vs The Divisional Forest Officer on 25 November, 2013
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
MONDAY,THE 25TH DAY OF NOVEMBER 2013/4TH AGRAHAYANA, 1935
Crl.MC.No. 5388 of 2013 ()
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O R. NO. 6/2013 OF RAJAMPARAM FOREST STATION OFFICE , PATHANAMTITTA
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PETITIONER(S)/R.C.WONER:
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ABDUL SALAM, AGED 36 YEARS,
S/O.IBRAHIM RAWTHER, THADATHIL HOUSE,
LAKSHAM VEEDU COLONY, VAKAYAR P.O., KONNI TALUK,
PATHANAMTHITTA DISTRICT-689 698.
BY ADVS.SRI.V.SETHUNATH
SRI.S.JUSTUS
RESPONDENTS/RESPONDENTS:
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1. THE DIVISIONAL FOREST OFFICER,
RANNI, PATHANAMTHITTA DISTRICT-689 672.
2. THE FOREST DEPUTY RANGER,
RAJAMPARA FOREST STATION-689 672.
3. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, AERNAKULAM.PIN-682 031.
BY PUBLIC PROSECUTOR SRI.REJI JOSEPH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25-11-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 5388 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE-1. THE TRUE COPY OF THE FORM NO.1 AND MAZHAZAR IN OR NO.6/2013
OF RAJAMPARA FOREST STATION.
ANNEXURE-2. THE TRUE COPY OF THE REMAND REPORT OF THE ACCUSED
PERONS AND FURTHER MAHAZAR PREPRED BY THE FOREST
OFFICERS.
ANNEXURE-3. THE TRUE COPY OF THE R.C.BOOK OF THE VEHICLE NO.KL-A-3968.
ANNEXURE-4. THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
HARUN-UL-RASHID, J.
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Crl. M.C No. 5388 of 2013
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Dated this the 25th day of November, 2013.
O R D E R
This Crl.M.C. is filed seeking a direction directing the 1st respondent to release the vehicle No.KL 25-A-3968 on interim custody to the petitioner on appropriate terms.
2. It is submitted that the petitioner is the registered owner of the Mahindra Pick up Van having registration No. KL 25-A- 3968. The said vehicle is alleged to have been involved in O.R.No.6 of 2013 of Rajampara Forest Station.
3. The offence registered is under Section 27(1) e (iii) & (iv) of the Kerala Forest Act.
4. The learned Public Prosecutor, on instructions, submits that the confiscation proceedings has already been initiated. The petitioner is at liberty to move competent authority for interim custody. It is submitted that the petitioner submitted an application for interim custody. A copy of which is produced herein marked as Annexure-4.
5. The 1st respondent shall consider Annexure 4 and pass Crl. M.C No. 5388 of 2013 2 appropriate orders within a period of two weeks from the date of receipt of a copy of this judgment. The confiscation proceedings also shall be finalized as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
The Crl.M.C. is disposed of as above.
Sd/- HARUN-UL-RASHID, JUDGE.
// True Copy // P.A. To Judge DSV/25/11