IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3918 of 2009()
1. SABU.N.S. S/O. GEORGE, NEDUMKALLEL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.C.ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :18/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Crl.M.C.NO.3918 OF 2009
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Dated 18th December 2009
O R D E R
Jeep No.KL-13-C/7453 was seized in
O.R.19/2009 of Kottiyoor Forest Range
Office registered for the offences under
Sections 2(1b), 20,(36), 9,39(1)(d), 50 and
51 of Wild Life Protection Act. Petitioner
filed C.M.P.3937/2009 for interim custody
of the vehicle under Section 451 of Code of
Criminal Procedure. By Annexure-A4 order
learned Magistrate dismissed the petition
on the ground that when Section 39(d)
provides for confiscation, learned
Magistrate cannot grant interim custody of
the vehicle. Petition is filed under
Section 482 of Code of Criminal Procedure
to quash Annexure-A4 order and to grant
Crmc 3918/09
2
interim custody of the vehicle.
2. Learned counsel appearing for
the petitioner and learned Public Prosecutor
were heard.
3. Under Section 39 of Wild Life
Protection Act, every vehicle used for
committing an offence and has been seized
under the provisions of the Act shall be the
property of the Government. Hence unless it
is established that the vehicle was used for
committing the offence, the vehicle cannot
be treated as that of the government. In
such circumstances, learned Magistrate was
not justified in holding that in view of
Section 39 of the Act interim custody cannot
be granted. As held by this court in
Mathew v. Range Officer (2004 Crl.L.J 3961)
under Section 451 of Code of Criminal
Crmc 3918/09
3
Procedure, Magistrate is competent to grant
interim custody of the vehicle.
4. In such circumstances, Annexure-
A4 order is quashed. Judicial First Class
Magistrate, Kuthuparamba is directed to re-
consider C.M.P.3937/2009 and if petitioner
is the registered owner as he is entitled to
get interim custody, to grant interim
custody on sufficient conditions.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.