Interim release of seized property is permissible under strict conditions to safeguard its value pending investigation.

J U D G M E N T

The writ petition is filed by the petitioner seeking for release of the vehicle, namely, a TATA-407 bearing registration No.KL-58G-2268 which is involved in a forest offence.

2. It is averred in the writ petition that the vehicle was hired on

25/05/2012 by one Shri Saji E.T to transport Timber to Cherthala. In that course, the vehicle was seized. The petitioner is the second accused in a case registered under Section 27 (1)(d)(e)(iii) of the Kerala Forest Act, 1961 . Even though, an application was filed under Section 457 of the Criminal Procedure Code before the Judicial First Class Magistrate Court, Kunnamkulam as CM.P.No.3373/2012, the same has been found not maintainable as the vehicle involved has been produced before the authorised officer under Section 61A of the Kerala Forest Act. According to the petitioner, the timber logs in question belong to a temple and it is submitted that there is no illegality in the matter.

3. I am not going into the merits of the matter since the petitioner is only seeking for a direction for interim release of the vehicle.

4. Heard the learned Government Pleader.

5. It is clear that the proceedings under Section 61A of the Kerala Forest Act is still pending. The vehicle if it remains idle, naturally, the value of the vehicle will be depleted by exposure to sunlight and rain and other vagaries of nature. To protect the rights of both the parties, it is only proper that the vehicle be released to the petitioner on strict terms.

6. Therefore, if the petitioner offers Bank Guarantee for the value fixed by the competent authority and communicated to the petitioner by the second respondent, the vehicle will be released on execution of a bond also. The petitioner will undertake not to transfer or handover possession of the vehicle or remove the same beyond the borders of the State and will not indulge in any activities so as to reduce the value and utility of the vehicle. He will also undertake to produce the vehicle as and when required by the respondents. For enabling the release of the vehicle, the petitioner will file an application in terms of the directions above along with a certified copy of the Judgment. The writ petition is accordingly, disposed of. No costs.