The Kerala High Court disposed of a criminal misc. case regarding pending criminal proceedings and confiscation of a vehicle and wooden logs under the Kerala Forest Act, allowing seizure as per the CJM order.
The petition was closed giving liberty to the petitioner to effect seizure of the vehicle as per the order of CJM, Kasaragod.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933
Crl.MC.No. 984 of 2007()
-----------------------------------CMP.NO.287/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD OR.NO.26/2006 OF FOREST RANGE OFFICE, KASARAGOD
PETITIONER(S): RESPONDENT
---------------------------------------------
STATE OF KERALA REPRESENTED BY DEPUTY DIRECTOR OF PROSECUTION, KASARAGOD.
BY PUBLIC PROSECUTOR SRI.T.R.RAVI
RESPONDENT(S): PETITIONER
---------------------------------------------
C.H.MOOSA ALIAS MOOSAN C.H., S/O.LATE MUKRI MAMMUNHI, MANHAMPARA, ADHUR VILLAGE & POST, KASARAGOD.
BY
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
CRMC.NO.984/2007
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX 1 | COPY OF THE JUDGMENT DATED 21/12/2006 IN CRL.M.C.4098/2006. |
|---|---|
| ANNEX II | COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT. |
| ANNEX III | COPY OF THE NOTE OF ARGUMENT FILED BY THE DEPUTY DIRECTOR OF PROSECUTION. |
| ANNEX IV | COPY OF THE ORDER DATED 6/3/2007 IN CRL.M.C.NO.287/2007 OF THE CHIEF JUDICIAL MAGISTRATE, KASARAGOD. |
| RESPONDE | NT'S ANNEXURES; NIL |
/TRUE COPY/
P.A.TO.JUDGE
sts
N.K. BALAKRISHNAN,J.
Crl.M.C. 984 of 2007
Dated this the 3rd day of November, 2011
O R D E R
Learned Special Government Pleader for forest
submits that the confiscation proceedings were initiated under Section 61A of the Kerala Forest Act in respect of vehicle bearing No. KL 14E 3428 and wooden logs were seized by the forest officials. The final order was passed in that proceedings ordering confiscation of all the properties mentioned above. That order was stated to have been confirmed by the Conservator of Forests. The learned counsel submits that since the order has become final, the proceedings were initiated before the Chief Judicial Magistrate, Kasaragod for seizure of the vehicle and wooden logs as mentioned above from the possession of the respondent to obtain interim custody of the vehicle as per order of the learned Magistrate. Since the confiscation proceedings has become final and since that has not been challenged at all, this petition can be closed giving liberty to
Crl.M.C. 984 of 2007 -: 2 :-
the petitioner to effect the seizure of the vehicle as per the order of CJM, Kasaragod. If the warrant for seizure of the vehicle has not been issued or is not now in vogue the learned CJM will pass appropriate orders for that purpose.
N.K. BALAKRISHNAN, JUDGE.
smvd
State of Kerala represented by Deputy Director of Prosecution, Kasaragod
C.H.Moosa Alias Moosan C.H.
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
