K. Balakrishnan Nair

The point to be decided in this Writ Petition is whether the Judicial Magistrate, before whom a vehicle seized under the provisions of the Wild Life (Protection) Act, 1972, is produced, is competent to give interim custody of the same to the registered owner. The brief facts of the case, as stated by the petitioner, are the following:

2. The petitioner is the owner of a lorry bearing Registration No. KL5/F-7051. The driver of the said vehicle was taken into custody by the Forest Officials on 16.6.2004. His driver confessed that on 13.6.2004, the said lorry was used for transporting forest timber worth Rs.75,000/-. On the basis of the said confession, the petitioner's vehicle was taken into custody under Ext.P2 mahazar. As per Ext.P2, the value of the logs transported is Rs.2,50,000/- and the value of the lorry is Rs.3 lakhs. The petitioner submits, the goods and the lorry were seized under S.52(1) of the Forest Act, for action under S.61 A of the said Act. The petitioner further submits that his driver was specifically instructed not to transport any contraband goods. The petitioner was not aware of the seizure of the vehicle. On finding that the vehi