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2022 Supreme(Online)(KER) 31679
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 WP(CRL.) NO. 504 OF 2021 PETITIONER :
A.K.SIDIQUE AGED 63 YEARS S/O.MARAKKAR, ARAPPUCHALIKUZHIYIL HOUSE, MAMPAD, MALAPPURAM DISTRICT, PIN CODE-676 542.
BY ADVS.SRI.P.SAMSUDIN SRI.SHYAM NAIR SMT.LIRA A.B. RESPONDENTS :
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695 001.
2 DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR P.O, MALAPPURAM DISTRICT-679 329.
3 DEPUTY RANGE OFFICER, EDACODE FOREST STATION, NILAMBUR P.O., MALAPPURAM DISTRICT-679 329.
BY ADVS. SHRI.T.P.SAJAN, SPL. G.P. (FOREST)
ADVOCATE GENERAL OFFICE KERALA THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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 reads:
“53. Power to release property seized under section 52.- Any Forest Officer of a rank not inferior to that of a Ranger, who or whose subordinate has seized any tools, boats, vehicles or cattle under the provisions of Section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.”
Therefore, the release of the vehicle shall be subject to execution by the owner of it of a bond for its production, if so directed by the court at any point of time during the pendency of the case before the Magistrate having jurisdiction to try the offence registered on the basis of the seizure of it. Section 53 of the Act do not contemplate furnishing of a bank guarantee while ordering release of the vehicle. Petitioner being registered owner can only be directed by Section 53 to execute a bond with two solvent sureties for enabling its production for future purposes, as and when ordered by the court.
In the above circumstances, Writ Petition is allowed and the impugned order is modified by issuing a direction to the petitioner to execute a bond for Rs.4,00,000/- with two solvent sureties each for the likesum to the satisfaction of the 2nd respondent within a period of one month from this day instead of the direction to furnish a bank guarantee for Rs.4,00,000/-.
Sd/-
MARY JOSEPH JUDGE
APPENDIX OF WP(CRL.) 504/2021 PETITIONER’s EXHIBITS :
Exhibit P1 TRUE COPY OF THE SITE MAHSAR PREPARED IN OR 5/2021 OF EDACODE FOREST STATION.
Exhibit P2 TRUE COPY OF THE ORDER NO.A2-7425/2021 DATED 17.11.2021 OF THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE REGISTERED OWNER OF A GOODS CARRIAGE VEHICLE BEARING REGISTRATION NO.KL-58-E7374 IN FAVOUR OF THE PETITIONER.
