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1 - 3 of 3 (0.74 seconds)State Of Kerala vs M. K. Krishnan Nair & Ors.Andk. ... on 14 February, 1978
3. It is thus evident that apart from Section 63 of the Act relating to release of a vehicle on furnishing of bank guarantee, irrespective of whether, to a given case, Section 63 of the Act is applicable or not, the Supreme Court has held as a general rule, that in every case, that too, when, for exceptional reasons, a vehicle seized in connection with the commission of an offence relating to forest produce is to be released, it shall not be on easier terms, but that, as a minimum condition, there
shall be the furnishing of bank guarantee. In view of what the Supreme Court has so categorically held on the very subject in general, I am of the opinion that, no occasion would arise to examine as to whether the bank guarantee as statutorily required under Section 63 of the Act would be applicable to the case concerned herein. While furnishing of bank guarantee under Section 63 of the Act is a mandatory requirement in case to which Section 63 of the Act would apply, even in other cases where the custody of the vehicle connected with the commission of an offence concerning forest produce is ordered on exceptional grounds, still, as per the decision of the Supreme Court referred to above, the minimum condition that needs to be imposed is the furnishing of the bank guarantee. In the circumstances, in the present case, the learned Appellate Judge has erred in doing away with the condition relating to furnishing of bank guarantee.
Section 62 in Karnataka Forest Act, 1963 [Entire Act]
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