IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25402 of 2009(O)
1. SATHEESH KUMAR, S/O.SHEKARAN,
... Petitioner
Vs
1. THE FOREST RANGE OFFICER,
... Respondent
2. THE DIVISIONAL FOREST OFFICER,
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :08/09/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.25402 OF 2009
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Dated this the 8th day of September 2009
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JUDGMENT
The writ petition is filed against the
order passed in an interlocutory application by the
learned District Judge, Kalpatta. The petitioner
who suffered an order of confiscation of his
vehicle in proceedings initiated under the Kerala
Forest Act, preferred an appeal under Section 61(D)
of the above Act before the District Judge,
Kalpatta. The petitioner had moved for an interim
custody of that vehicle before the criminal court
in which parallel proceedings continued over the
forest offence involved and the Magistrate has
passed an order directing release of the vehicle on
furnishing a bank guarantee of Rs. 3,00,000/-.
Though the bank guarantee was furnished, it is
submitted, in revision, the Sessions Judge set
W.P.(C).No.25402 OF 2009 Page numbers
aside that order for releasing the vehicle. The
vehicle which is ordered to be confiscated is still
under the custody of the Forest Department.
2. The application moved in appeal for
releasing the vehicle was disposed vide Ext.P4
order by the learned District Judge directing the
petitioner to execute a bond for Rs.4,00,000/- with
two solvent sureties to the satisfaction of the
Chief Judicial Magistrate, Kalpatta and also to
produce a bank guarantee for a sum of
Rs.4,00,000/-. A further condition was also
imposed that the vehicle should be produced before
the court or the forest officer as and when
directed. Propriety and correctness of that order
is challenged in the writ petition.
3. Special Government Pleader (Forest)
has taken notice for the respondents. Having
regard to the submissions made and the facts and
W.P.(C).No.25402 OF 2009 Page numbers
circumstances presented, I find that the conditions
imposed for releasing of the vehicle under interim
custody till disposal of the appeal are too
onerous. Value of the vehicle alone need be
considered for the purpose of fixing the security
for its release on interim custody. The direction
issued to execute the bond before the learned Chief
Judicial Magistrate is not correct. Section 61(D)
of the Forest Act contemplates of a statutory
appeal against an order of confiscation passed by
the Forest Officer. It is independent of and
distinct from, the criminal proceeding initiated in
respect of the forest offence relating to the
cutting, removal, transportation etc. of the forest
produce involving a vehicle. So much so, when an
appeal is preferred under Section 61(D) of the
Forest Act any bond is ordered its execution must
be before the appellate court in which the appeal
is presented against the confiscation order. The
learned counsel for the petitioner submits, the
W.P.(C).No.25402 OF 2009 Page numbers
value of the vehicle has been assessed at
Rs.7,00,000/- which is not disputed. In
modification of the order passed by the learned
District Judge I direct the petitioner to furnish
security for a sum of Rs.7,00,000/- for interim
custody of the vehicle till the disposal of the
appeal. Petitioner is allowed to furnish a bank
guarantee for a sum of Rs.3,00,000/- and the rest
by producing title deeds over immovable property,
which is free from encumbrance, having the value of
not less than Rs.4,00,000/-, towards the security
ordered. He shall also furnish an undertaking
before the court that the vehicle will be kept in
roadworthy condition and it will be produced as and
when directed by the court till the disposal of the
appeal. If any bank guarantee has been produced
before the Chief Judicial Magistrate Court,
petitioner can apply for and get it back, provided
there no order had been passed by the court for its
retention and custody in connection with any other
W.P.(C).No.25402 OF 2009 Page numbers
proceeding. Writ petition is disposed as above.
4. Hand over a copy of the order to the
counsel for the petitioner.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv