IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16648 of 2010(E)
1. NELSON, S/O.THOMAS,
... Petitioner
Vs
1. THE DIVISIONAL FOREST OFFICER,
... Respondent
2. THE FOREST RANGE OFFICER,
For Petitioner :SRI.AUGUSTINE JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/06/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 16648 of 2010
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Dated this the 9th day of June, 2010
J U D G M E N T
The petitioner is the owner of a vehicle which was
seized on allegations of using the same for commission of a
forest offence. Proceedings for confiscation are pending.
Petitioner seeks interim custody of the vehicle. The
Government Pleader opposes the same. According to the
learned Government Pleader, the vehicle has been detained
on valid grounds and confiscation proceedings are in
progress. He would submit that as per the Supreme Court
decision on the subject, only in exceptional circumstances,
the vehicle can be released on interim custody. The learned
Government Pleader further submits that, even if this court
is inclined to direct granting of interim custody of the
vehicle to the petitioner, the same shall only be on the
petitioner furnishing bank guarantee for the value of the
vehicle, which is Rs.75,000/-. Having heard both sides, I am
W.P.(C)No. 16648 of 2010
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satisfied that, this is a fit case where the petitioner can be
given interim custody of the vehicle on furnishing bank
guarantee. Accordingly I direct the respondents to give
interim custody of the vehicle to the petitioner, on the
petitioner furnishing bank guarantee for an amount of
Rs.75,000/-. Until confiscation proceedings are completed
the petitioner shall not part with possession or alienate the
vehicle in question. Petitioner shall keep the vehicle in
good condition and produce the same as and when directed.
The writ petition is disposed of as above.
S. SIRI JAGAN
JUDGE
shg/