JUDGMENT

Dated this the 14th day of February, 2022 This writ petition is filed by the Power of Attorney holder of the registered owner of a Goods Carriage Vehicle bearing Registration No.KL-58-E-7374, which has been seized by the 2nd and 3rd respondents in O.R No.05/2021. By order passed by the Divisional Forest Officer, Nilumbur North Division on 17.11.2021, the vehicle was ordered to be released to the petitioner on furnishing of a bank guarantee for Rs.4,00,000/-, being the value of the vehicle as assessed by the Mechanical Engineer of PWD, within ten days before the said office, copy of which order is produced alongwith as Ext.P2. The said order is assailed in the Writ Petition on hand.

2. Sri.Samsudin, the learned counsel for the petitioner has contended that the Divisional Forest Officer has directed release of the vehicle to the petitioner on furnishing a bank guarantee for Rs.4,00,000/-, the value of the vehicle against the mandate of Section 53 of the Kerala Forest Act, 1961 (for short ‘the Act’) which only directs the release of the vehicle on execution of a bond for its production before the court as and when directed by the court seized of the case. Section 53 of the Act