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2021 Supreme(Ker) 727

P.V.ASHA
Safiya V. , W/o. Asharaf – Appellant
Versus
Divisional Forest Officer, Mannarkkad, Palakkad District – Respondent


Advocates Appeared:
For the Petitioner: Sri. Babu S. Nair.
For the Respondent: Spl. Government Pleader (Forest), Sri. K. Sandesh Raja.

JUDGMENT :

The seizure of petitioner's vehicle by the 2nd respondent is under challenge in this Writ Petition. It is stated that a Maruti Alto car bearing Reg.No.KL-50H/8824 owned by the petitioner, who is a teacher, was seized by the forest officials on the basis of a confession statement of petitioner's husband, recorded by the Forest Range Officer – the 2nd respondent, that her car was used for removal of sandal wood pieces from the forest. It is stated that on 21.07.2020, the 2nd respondent along with certain other forest officials intercepted a motorbike and registered O.R.No.21/2020 against 3 persons alleging that they were transporting sandalwood pieces on their motor bike. On the basis of their confession statement, petitioner's husband was also made an accused. Petitioner's car was seized thereafter based on the confession statement of her husband submitted before the Forest Range Officer. It is stated that though the petitioner filed an application under Section 451 Cr.P.C seeking interim custody of the vehicle, the Judicial First Class Magistrate, Mannarkkad rejected the application as per Ext.P4 order on 15.09.2020 on the ground that the car was already produced before t

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