The Act impliedly confers on the Authorized Officer the power to pass orders for interim custody of seized vehicles for effective adjudication of the matter, and specific remedies under Sec. 71d preclude the approach to the court under Art. 226 of the Constitution.

( 1 ) THE common question raised in this batch of writ appeals is as to the validity of the orders made by the learned single Judge under Art. 226 of the Constitution of India directing interim custody of the vehicles seized under Sec. 62 of the KARNATAKA FOREST ACT, 1963, 1963, ('the act' ).

( 2 ) THE vehicles have been seized by the concerned Forest Officer/police officer in the belief that the same had been used as carriers to smuggle forest produce belonging to the State. Those vehicles were produced before the authorised Officer-Deputy Conservator of Forests. Thereupon, the respondents claiming to be the persons entitled to the possession of those vehicles, approached the Authorised Officer for interim custody of the vehicles. They pleaded that they were not aware of the use of the vehicles for committing forest offences ; that they had no knowledge about the commission of offences ; and that therefore the vehicles should be released to their custody pending final adjudication of the matter. The Authorised Officer, however, refused to release the vehicles as prayed for. So, the respondents approached this Court invoking extraordinary jurisdiction under articles 226 and 227 of the Constitution.

( 3 ) THE learned single Judge before whom the writ petitions came up for hearing, directed the Authorised Officer in cach of the cases to release the concerned vehicle to the respondents subject to certain conditions. Being aggrieved by such orders of the learned judge, the State has preferred these appeals.

( 4 ) THE main contention urged by Sri. M. R. Achar, learned Government Advocate, is that the respondents could not have approached this Court by means of writ petitions under Articla 226 of the constitution, nor this Court could have entertained the said petitions when there is adequate alternate remedy available for the parties under the Act. Elaborating the submission, Sri Achar has taken us through the relevant provisions of the Act and contended that the power to make an interim order relating to the custody of a vehicle used in the commission of a forest offence is within the the exclusive jurisdiction of the concerned Authorised Officer and such an order is appealable to the Sessions judge having jurisdiction over the area. It will not be therefore proper for the parties to bypass the statutory remedies provided under the Act and directly approach this Court.

( 5 ) IN our opinion, the contention urged is well founded and must be accepted as correct. Sec. 62 of the Act prescribes the procedure for seizure of property liable to confiscation. Section 62 (3) provides :-" (3) Every Officer seizing any property under this section shall place on such property or the receptacle or vehicle (if any) in which it is contained a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure- (a) where the offence on account of which the seizure has been made is in respect of timber, ivory, firewood or charcoal which is the property of the State Government or in respect of sandalwood, to the concerned authorised officer under Section 71 ; and (b) in other cases, to the trate having jurisdiction to try the offence on account of which the seizure has been made. "section 71a deals with the procedure for confiscation of such vehicles by the Authorised Officer, and it reads :-"71a CONFISCATION BY FOREST officers IN CERTAIN CASES. (1) Notwithstanding anything contained in the foregoing provisions of this chapter, or in any other law, where a forest offence is believed to have been committed in respect of timber, ivory, firewood and charcoal which is the property of the State government or in respect of sandal- wood, the officer seizing the property under sub-section (1) of Section 62 shall without any unreasonable delay produce it, together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence, before an officer authorised by the state Government in this behal

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