JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The question that arises for determination in this appeal is - which authority has the power to pass order for interim release of the forest produce seized under the Karnataka Forest Act, 1963? (for short the Act ). Is it the Authorized Officer under the Act or the Magistrate under the Code of Criminal Procedure?

3. The facts of the case relevant for appreciating the question may be stated thus:

A lorry bearing registration No. 513 KL-10-J-1728 carrying 5 barrels of sandalwood oil weighing 136.5 kgs. was seized by the officials of the Forest Mobile Squad, Udupi on 2nd of March 2000 on the allegation of illegal transportation of the forest produce. FIR No. 08437 OR No. 108/99-2000 was registered on the same day. On 3rd March, 2000 a report about the seizure was submitted to the Authorized Officer and Deputy Conservator of Forests, Kundapur, under section 71A of the Act. By order of the Authorised Officer dated 7th March, 2000 custody of the seized material and the vehicle was entrusted to the Range Forest Officer, Udupi as whereabouts of the driver of the vehicle and its owner were not known to the Authorised Officer. Attempts were made to