Writ petition seeking quashing of Magistrate's order dismissing interim custody application for a motorbike confiscated under the Kerala Forest Act. Court dismissed petition noting alternative remedies available under the Act.
None granted. Petition dismissed with liberty to raise contentions in appropriate proceedings under the Kerala Forest Act.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938
Crl.MC.No. 2118 of 2016
CMP.NO. 8513/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA
CRIME NO. 17/2015 OF TALIPARAMBA FOREST RANGE OFFICE, KANNUR
PETITIONER/PETITIONER :
M.P.SATHAR, AGED 34 YEARS, S/O. ERAMULLAN, MARUTHIYOTANKANDI, PUTHIYAPURAYIL, MAYYIL, TALIPARAMBA.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.M.A.AHAMMAD SAHEER
RESPONDENT(S)/RESPONDENTS AND STATE :
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. FOREST RANGE OFFICER, TALIPARAMBA RANGE, KANNUR-670 141.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 2118 of 2016
-----------------------
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 COPY OF APPLICATION DTD.6.10.2015 IN CMP NO.8513/2015 SUBMITTED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA. ANNEXURE A2 CERTIFIED COPY OF THE ORDER DTD.9.10.2015 IN CMP NO.8513/2015 OF THE APPLICATION JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
RAJA VIJAYARAGHAVAN.V., J
ORDER
A Hero Honda motor bike bearing registration No.KL58-A-6307 owned by the petitioner was involved in OR.No.17 of 2015 of Talilparamba Forest Range. The said case was registered under Sections 47A, 47B, 47C, 47F, 47G, 47H, 52 and 61 of the Kerala Forest Act, 1961 (hereinafter referred to as “the Act”). In order to obtain interim custody of the vehicle, the petitioner preferred an application before the learned Magistrate, Taliparamba and the same was dismissed as per Annexure A2 order. This petition is filed seeking to invoke powers of this Court under Section 482 of the Code of Criminal Procedure seeking to quash Annexure A2 order and to get the vehicle released, subject to sufficient conditions.
Crl.M.C. No.2118 of 2016 -2-
were initiated under Section 61A of the Act and pursuant to the same, the vehicle has been confiscated after issuing due notice to the petitioner concerned. It is also submitted that the petitioner be relegated to avail the remedy under Section 61D of the Act.
Having regard to the submissions, I am of the view that the relief prayed for by the petitioner cannot be granted in view of the subsequent developments. The petition is therefore dismissed with liberty to the petitioner to raise his contentions in appropriate proceedings.
sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-25.5.16
2 issues framed by the court
Whether the interim custody of a motorbike confiscated under the Kerala Forest Act can be quashed under Section 482 CrPC.
Whether the petitioner has an alternative remedy under Sections 61A and 61D of the Kerala Forest Act, 1961.
4 provisions across 2 enactments
M.P.Sathar
State of Kerala
Raja Vijayaraghavan.V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
