IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22057 of 2009(B)
1. C.I. PAUL, S/O. ITTIRA, CHERPANATH
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE CHIEF CONSERVATOR OF FOREST,
3. THE FOREST RANGE OFFICER,
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :20/08/2009
O R D E R
V.GIRI, J.
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W.P.(C) No. 22057 of 2009
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Dated this the 20th day of August, 2009
JUDGMENT
Petitioner is the accused in O.R.No.10 of 2007 on the file of Judicial
First Class Magistrate, Chalakudy. He was an Assistant Sub Inspector. He
claims to have purchased rosewood trees from one Mr.K.T. Joseph under
the sale agreement dated 25-8-2007. The said trees along with certain others
were seized by the forest officials. The allegation is that the petitioner has
no authority to store rosewood trees. In so far as teakwood is concerned,
though he was issued a pass, the quantity retained by him is not the
permissible quantity. The petitioner approached the Judicial First Class
Magistrate, Chalakudy for release of the timber. This was dismissed, as per
Ext.P5 holding that the timber had not been produced as “thondi” before
the Magistrate by the forest officials. The petitioner was given an
opportunity to approach the forest officials.
2. Petitioner approached this Court for a direction to release the
timber. This Court had directed the respondents to complete the
adjudication, pursuant to the seizure, which is the subject matter of
Annexure A2(a) mahazar, within a time limit. The time has been extended
W.P.(C) No. 22057/09 2
to 1-12-2009. Petitioner prays for release of the timber, pending such
investigation.
3. This Court had already considered the petitioner’s case for
release of the timber vide Ext.P4 judgment. There is a time frame fixed to
complete the investigation. This has to be adhered to. On completion of the
investigation, the articles shall be produced before the Magistrate who shall
deal with an application, if any, filed by the petitioner under section 457
Code of Criminal Procedure. If the investigation is not completed within the
time granted or extended by this Court, then the petitioner’s application for
release of timbers seized from him shall be considered and orders passed for
release, subject to such conditions as are found appropriate.
The petition is disposed of as above.
V. GIRI, JUDGE.
mn.