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2023 Supreme(Online)(KER) 22566

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
JOSE THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SUMAN CHAKRAVARTHY, K.R.RIJA, BREJITHA UNNIKRISHNAN, AMJATH A.R

COMMON ORDER

These Criminal Miscellaneous Cases are filed challenging the orders passed by the Judicial Magistrate of First Class Court, Nedumkandam in a petition filed under Section 457 Cr.P.C. Crl.M.C.No.7377/2023 is filed against Annexure-2 order, Crl.M.C.No.7334/2023 is filed against Annexure-3 order and Crl.M.C.No.7440/2023 is filed against Annexure-2 order.

2. The vehicles of the petitioners were seized by the Forest officials in connection with O.R.No.15/2023 of Forest Range Office, Devikulam, which was registered under Section 27(1)(e)(iii), 52(1), 61A of the Kerala Forest Act and also under Section 5 (2) r/w Section 9 of the Kerala Preservation of Trees Act, 1986 . The Investigating officer in these cases filed a report stating that the vehicles were produced before the Munnar Divisional Forest Officer and confiscation proceedings under Section 61A of the Kerala Forest Act have been initiated. Hence the vehicles may not be released.

3. It is the case of the petitioners that the provisions of the Kerala Forest Act are deliberately incorporated for the purpose of confiscation. It is submitted that the order passed by the learned Magistrate is unsustainable. The learned Magist

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