IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1231 of 2008()
1. JOSE JUSTIN,S/O. DETHAN NADAR
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. DEPUTY WILD LIFE WARDEN
For Petitioner :SRI.K.SASIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/03/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.1231 of 2008
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Dated this the 24th day of March, 2008
ORDER
The petitioner, who claims to be the registered owner of a motor
cycle bearing registration No. KL 02 L 8067 involved in
O.R.No.7/2007 of Agasthya Vanam Biological Park, Kottoor,
challenges Annexure A2 order dated 6.3.08 passed by the J.F.C.M-II
(Forest Offences), Punalur, dismissing the application(CMP
No.1150/2008) filed by the petitioner seeking interim custody of the
vehicle. The reason for the rejection of the petition was that the
vehicle was under proceedings for confiscation under Section 61(A) of
the Kerala Forest Act.
2. Heard both sides.
3. The view taken by the learned Magistrate cannot be faulted.
The remedy of the petitioner is to get the vehicle released on interim
custody by moving the authorised officer under Section 53 of the
Kerala Forest Act, 1964 in the light of the decision in John v. DFO,
Kottayam ( 1996(2) KLT 984 and also in the light of the final order
dated2.01.08 in Crl.M.C.No.42 of 2002.
Reserving the said right of the petitioner to move the authorised
officer, this Crl.M.C is disposed of.
V. RAMKUMAR, JUDGE
sj