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1996 Supreme(Ker) 243

K.S.RADHAKRISHNAN
Varghese Joseph – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Divisional Forest Officer dismissed a petition submitted by the petitioners under S.53 of the Kerala Forest Act, 1961 for release of a jeep bearing registration No. KLO 2362. Petitioners have now approached this Court for a direction to the Divisional Forest Officer to release the jeep under Art.226 of the Constitution of India.

2. Range Officer, Flying Squard, Kothamangalam and other officers, while conducting night patrolling along Chathamattom-Paingottoor Road on 20.11.1995, found the jeep No. KLO 2362 loaded with timber at about 7.30 pm. Since the vehicle was driven away in high speed, Flying Squad could not seize the vehicle. On enquiry, it was revealed that the vehicle was owned by petitioners. They proceeded to the residence of the petitioners early morning on 21.11.1995 and took one Jose into custody. On questioning him, it was revealed that he was indulged in illicit transportation of forest produce. It was revealed that timber was unloaded at Thekkedath Saw Mill, Thodupuzha. The forest authorities then seized the timber from the yard of Thekkedath Saw Mill, and drew up a mahazar. Authorities were convinced that petitioners had committed fo













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