High Court Kerala High Court

Thomson vs State Of Kerala on 25 February, 2010

Kerala High Court
Thomson vs State Of Kerala on 25 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4235 of 2009()


1. THOMSON, AGED 29 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :25/02/2010

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.4235 of 2009
            --------------------------

                       ORDER

Tipper Lorry KL-07/AZ 4066 was seized by the

forest officials in O.R.No.4/2009 of Karakkad

Forest Station, Ernakulam on the allegation that

five metric tonnes of waste of vegetables, plantain

leaves, plastic covers and sack full of hair were

dumped in the reserved forest, causing damage to

the forest eco system and the wild life in the

forest. The vehicle was produced before Judicial

First Class Magistrate’s Court, Perumbavoor.

Petitioner, claiming to be the registered owner,

filed M.P.No.5049/2009 for interim custody of the

vehicle. By Annexure-3 order, learned Magistrate

dismissed the petition. This petition is filed

under Section 482 of Code of Criminal Procedure to

quash Annexure-3 order and to release the vehicle.

2. Learned counsel appearing for the petitioner

and learned Public Prosecutor were heard.

CRMC 4235/09 2

3. Prosecution case is that petitioner dumped

organic and inorganic waste in the forest using

Tipper Lorry KL-07/AZ 4066 causing damage to the

forest eco system as well as the wild life in the

forest area. Learned Magistrate dismissed the

petition for interim custody on the ground that

permission was already granted to the Investigating

Officer to dispose the vehicle. A vehicle can be

confiscated by the forest officials only as

provided under Section 61A of Kerala Forest Act. To

apply Section 61A, a forest offence is believed to

have been committed in respect of timber, charcoal,

firewood or ivory, which is the property of the

Government and the officer seizing the property

shall produce the material together with all tools,

ropes, chains, boars, vehicles and cattle used in

committing such offence. When there is no

allegation that any forest offence was committed

with the Tipper lorry in respect of timber,

charcoal, firewood or ivory, confiscation is not

CRMC 4235/09 3

legal under Section 61A of Kerala Forest Act.

Therefore, on the ground that confiscation is

possible, interim custody cannot be denied.

4. In such circumstances, learned Magistrate is

directed to grant interim custody of the vehicle to

the petitioner on sufficient conditions, if he is

the registered owner of the vehicle.

Petition is disposed.

25th February, 2010 (M.Sasidharan Nambiar, Judge)
tkv