Krishnaveni vs State Of Kerala on 26 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1077 of 2009()


1. KRISHNAVENI, W/O.SIVASUBRAMANYA
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :26/03/2009

 O R D E R
                     V. RAMKUMAR, J.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                 Crl.R.P. No. 1077 of 2009
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
           Dated this the 26th day of March, 2009

                           O R D E R

Petitioner who claims to be the owner of a tractor bearing

registration No.TN 41/R-2989 and a trailer bearing registration

No. TN 41/S-1326 involved in O.R. No.17/2008 of Kollengode

Forest Range Office registered under Section 27(1)(e)(iii) and

(iv) and 52 (1) of the Kerala Forest Act, 1951 challenges the

order dated 27-1-2009 passed by the Judicial Magistrate of the

First Class, Chittur dismissing her application filed under

section 53 of the Kerala Forest Act for interim custody of the

vehicles.

2. The vehicles have already been produced before the

Authorized Officer for confiscation proceedings under Section

61A of the Kerala Forest Act. If that be so, by virtue of Section

53 of the said Act it is the officer concerned who can grant

interim custody of the vehicles (Vide John V. D.F.O., Kottayam

(1996(2) KLT 984) and the order dated 22-1-2008 in Crl.M.C.

No.42/2008). The learned Magistrate was, therefore, justified in

dismissing the application.

3. The revision petition is, accordingly, dismissed without

Crl.R.P. 1077/2009 -2-

prejudice the right of the petitioner to move the officer

concerned under Section 53 of the Act.

V. RAMKUMAR,
JUDGE.

mn.