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SUPREME COURT OF INDIA
A.K. SIKRI, R.K.AGRAWAL, JJ.
SHIHAB ETC. – APPELLANT(S)
VERSUS
STATE OF KERALA AND ANOTHER – RESPONDENT(S)
CRIMINAL APPEAL NO(S).465-466 of 2016 (Arising out of SLP(CRL.) Nos. 3301-3302 of 2016)
Decided On : 09-05-2016
Forest Act - Confiscation of Vehicles - Summary: The court discussed the confiscation of vehicles used for unauthorized transportation of forest produce under the Kerala Forest Act. It held that the vehicles used for committing the offense should be liable for confiscation, and therefore, the conditions imposed by the Trial Court were not onerous. The High Court dismissed the petitions of the appellants and directed them to furnish bank guarantee or cash security for the value of the vehicles. However, the Supreme Court set aside the impugned order and directed the release of the vehicles to the appellants with certain conditions.
Fact of the Case:
Two vehicles were intercepted carrying river sand without proper documents, leading to the registration of a case under the Kerala Forest Act. The Trial Court granted interim custody of the vehicles to the accused persons, but with the condition to furnish cash deposit or bank guarantees equal to the value of the vehicles. The High Court dismissed the petitions of the appellants and directed them to furnish bank guarantee or cash security for the value of the vehicles.
Finding of the Court:
The Supreme Court set aside the impugned order and directed the release of the vehicles to the appellants with certain conditions, including the execution of a bond and providing sureties to the satisfaction of the Judicial First Class Magistrate-II, Kothamangalam.
Issues: The main issue was the imposition of conditions by the Trial Court for the interim custody of the vehicles, and the legality of such conditions under the Kerala Forest Act.
Ratio Decidendi: The court held that the vehicles used for committing the offense should be liable for confiscation, and the conditions imposed by the Trial Court were not onerous. It also emphasized the provisions of Section 53 of the Kerala Forest Act regarding the release of seized property.
Final Decision: The Criminal Appeals were disposed of, and the Supreme Court directed the release of the vehicles to the appellants with specific conditions.
Certainly. Based on the provided legal document, here are the key points summarized:
The case involves the transportation of river sand without proper documents, leading to charges under the Kerala Forest Act (!) (!) .
Two vehicles belonging to the appellants were intercepted and seized, and the appellants sought interim custody of their vehicles (!) .
The Trial Court initially granted interim custody to the appellants on certain conditions, including the requirement to furnish cash deposits or bank guarantees equal to the assessed value of the vehicles (!) (!) .
The High Court dismissed the appellants' petitions and ordered them to provide bank guarantees or cash security for the vehicle values, considering the vehicles' use in transporting forest produce (!) .
The Supreme Court set aside the High Court's order and directed the release of the vehicles to the appellants, subject to specific conditions, including executing bonds and providing sureties (!) (!) .
The Court emphasized that vehicles used in the commission of offenses under the Kerala Forest Act are liable for confiscation upon conviction, and the conditions imposed by the Trial Court were not onerous (!) .
The Court clarified that under the relevant provisions of the Kerala Forest Act, the release of seized property can be conditioned on the execution of bonds, and the requirement for deposits or guarantees not explicitly mandated by law was found to be unwarranted (!) (!) .
The final order directed the appellants to execute bonds in specified amounts, establish ownership of the vehicles, and refrain from transferring or alienating the vehicles until the case is disposed of (!) (!) (!) (!) .
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ORDER
1. Learned counsel for the respondents, after service of notice, has entered appearance. He may file vakalatnama within one week. However, since the counsel for the parties are ready to argue the matter, we have heard the matter finally at this stage.
2. Leave granted.
3. On 06.09.2015, two vehicles, one belonging to each of the appellants, were intercepted by Forest Officers. On inspection, it was found that the vehicles were carrying river sand, for which the drivers therein had no documents and, therefore, it was understood that the sand was being transported unauthorisedly. Accordingly, Crime No. OR 3/2015 was registered under Sections 2(f)(ii)(d), 27(1)(e)(v) and 52(1) of the Kerala Forest Act. Both the vehicles, the sand therein, and 5 persons in the vehicle (appellants were not present in the vehicle), were taken into custody. The appellants/accused persons were thereafter produced before the Trial Court. The Trial Court granted bail to the accused persons and entrusted the vehicles to the Forest Station for safe custody. Investigation is pending in the instant case. On learning about the seizure of their vehicles, the appellants preferred separate applications under Section 451 of the Code of Criminal Procedure, 1973 before the Trial Court, praying for interim custody of their respective vehicles. This was objected to by the Deputy Range Forest Officer, in his report dated 09.10.2015 expressing the apprehension that, if released, there is every likelihood of the vehicles being used for the similar offence again. The Trial Court, vide separate order dated 20.10.2015, granted interim custody of the respective vehicles to both the appellants, on certain conditions. One of the conditions therein was that the appellants shall furnish cash deposit or bank guarantees of the value of their respective vehicles, as assessed by the Assistant Executive Engineer. The value of the vehicles, assessed by the Assistant Executive Engineer in his report dated 30.10.2015, came to Rs. 4 lacs for appellant no. 1's vehicle and Rs. 8.5 lacs for appellant no. 2's vehicle. Being aggrieved, the appellants filed Petitions under Section 482 of the Code of Criminal Procedure, 1973 individually before the High Court praying to set aside the condition to make equal cash deposit or furnish guarantee equal to the value of the vehicles. Vide the impugned Order dated 20.01.2016, the High Court noted that the concerned vehicles were being used to transport sand, which was essentially a forest produce under Section 2(f) of the Kerala Forest Act.
4. In such a case, on conviction, Section 55 of the Kerala Forest Act would come into play and the vehicles used for committing the said offence should be liable for confiscation by the Trial Court dealing with the matter. When the vehicles are liable to be confiscated on conviction, it could not be said that the terms and conditions imposed by the Trial Court in both the cases were onerous.
5. The High Court dismissed the petitions of the appellants filed under Section 482 and the appellants were directed to either furnish bank guarantee from a nationalized bank, or cash security, for the value of the vehicles.
6. It is submitted by the learned counsel for the appellants that under Section 53 of the Kerala Forest Act, there is no provision for direction to the appellants to make such deposits and, therefore, this condition is only onerous but without the authority of the law as well. Learned counsel for the appellants appears to be right in making the aforesaid submission. Section 53 of the Kerala Forest Act empowers the Forest Officer to release the seized property “on the execution by the owner thereof a bond for the production of the property so released”. Same jurisdiction is given to the Magistrate.
7. In view of the above, we set aside the impugned order and direct the release of the two vehicles to the appellants herein subject to the following conditions:
1. The appellant no. 1 shall execute a bond in a sum
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