IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4235 of 2009()
1. THOMSON, AGED 29 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/02/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4235 of 2009
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ORDER
Tipper Lorry KL-07/AZ 4066 was seized by the
forest officials in O.R.No.4/2009 of Karakkad
Forest Station, Ernakulam on the allegation that
five metric tonnes of waste of vegetables, plantain
leaves, plastic covers and sack full of hair were
dumped in the reserved forest, causing damage to
the forest eco system and the wild life in the
forest. The vehicle was produced before Judicial
First Class Magistrate’s Court, Perumbavoor.
Petitioner, claiming to be the registered owner,
filed M.P.No.5049/2009 for interim custody of the
vehicle. By Annexure-3 order, learned Magistrate
dismissed the petition. This petition is filed
under Section 482 of Code of Criminal Procedure to
quash Annexure-3 order and to release the vehicle.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
CRMC 4235/09 2
3. Prosecution case is that petitioner dumped
organic and inorganic waste in the forest using
Tipper Lorry KL-07/AZ 4066 causing damage to the
forest eco system as well as the wild life in the
forest area. Learned Magistrate dismissed the
petition for interim custody on the ground that
permission was already granted to the Investigating
Officer to dispose the vehicle. A vehicle can be
confiscated by the forest officials only as
provided under Section 61A of Kerala Forest Act. To
apply Section 61A, a forest offence is believed to
have been committed in respect of timber, charcoal,
firewood or ivory, which is the property of the
Government and the officer seizing the property
shall produce the material together with all tools,
ropes, chains, boars, vehicles and cattle used in
committing such offence. When there is no
allegation that any forest offence was committed
with the Tipper lorry in respect of timber,
charcoal, firewood or ivory, confiscation is not
CRMC 4235/09 3
legal under Section 61A of Kerala Forest Act.
Therefore, on the ground that confiscation is
possible, interim custody cannot be denied.
4. In such circumstances, learned Magistrate is
directed to grant interim custody of the vehicle to
the petitioner on sufficient conditions, if he is
the registered owner of the vehicle.
Petition is disposed.
25th February, 2010 (M.Sasidharan Nambiar, Judge)
tkv