Kerala High Court
Muhammed Shammas.P.A vs The State Of Kerala on 24 October, 2024
Author: K. Babu
Bench: K. Babu
2024:KER:79376
W.P (C) No.37229 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 37229 OF 2024
PETITIONER:
MUHAMMED SHAMMAS.P.A.,
AGED 45 YEARS,
S/O ABDUL SALAM, CHELAPPEERUMPARAMBIL HOUSE,
THEKKEKKARA ARUVITHURA P.O.,
ERATTUPETTA VILLAGE, KOTTAYAM., PIN - 686122
BY ADVS.
P.M.RAFEEK
RADHIKA V.R.
RESPONDENTS:
1 THE STATE OF KERALA ,
REPRESENTED BY SECRETARY TO GOVT. DEPARTMENT OF
ENVIRONMENT AND FOREST,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DIVISION FOREST OFFICER,
THE DIVISIONAL FOREST OFFICE,
CIVIL STATION, KOTTAYAM., PIN - 686002
3 THE RANGE FOREST OFFICER,
RANGE FOREST OFFICE, AYYAPPANKOVIL,
KANCHIYRAR, KANCHIYAR.P.O,
PIN - 685511
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W.P (C) No.37229 of 2024
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4 THE DEPUTY RANGE FOREST OFFICER,
RANGE FOREST OFFICE, AYYAPPANKOVIL,
KANCHIYRAR, KANCHIYAR.P.O, PIN - 685511
BY ADV
SRI.T P SAJAN,SPL PUBLIC PROSECUTOR FOREST
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P (C) No.37229 of 2024
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K.BABU, J.
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W.P (C) No.37229 of 2024
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Dated this the 24th day of October, 2024
JUDGMENT
The prayers in this Writ Petition (Civil) are as follows:
"1. Issue a writ of certiorari or appropriate
Writ order or direction, directing the 2nd
respondent to drop all further proceeding
pursuant to Exhibit P5 .
2. Issue a writ of certiorari or appropriate
writ order or direction quashing Exhibit
P5.
3. Issue a writ of certiorari or appropriate
writ order or direction, directing the 2nd
respondent to consider Exhibit P6
explanation and conclude the proceedings
in accordance with law, in a time bound
manner or else to keep Exhibit P5
proceedings in abeyance till the trial of O.R
No.8/2023 is concluded."
2. The petitioner is the owner of the lorry bearing registration
No.KL-35-J-5148. The vehicle was seized on 16.10.2023 by
respondent No.4 in connection with O.R No.8/2023 registered in the
Ayyappancovil Forest Range Office, Kanjiyar. The crime alleges the
offences under Sections 27(1)(e)(iii), 52, 61A and 82 of the Kerala
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Forest Act, 1961 (for short 'the Act').
3. The vehicle has been released as per order dated 02.11.2021
in C.M.P No.7057/2023 passed by the Judicial First Class Magistrate
Court-I, Kattappana under Section 457 Cr.PC. The vehicle is now
subject to confiscation proceedings by the competent authority
invoking provisions of Section 61A of the Act.
4. The case of the petitioner is that the competent authority
has no jurisdiction to proceed against the vehicle by way of
confiscation as provided in Section 61A of the Act as the alleged
offences were not committed in a forest area. It is submitted that
the offences were committed in a Cardamom Hill Reserve.
5. The learned Special Public Prosecutor submitted that the
accused in this case committed the offences under Sections 27(1)(e)
(iii), 52, 61A read with Section 82 of the Act. The learned Special
Public Prosecutor submitted that the vehicle is liable to be
confiscated invoking provisions of Section 61A of the Act.
6. The petitioner has been served with Ext.P5 notice under
Section 61B of the Act. He submitted Ext.P6 statement before the
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competent authority.
7. The learned counsel for the petitioner submitted that even
if the allegations are taken as true the accused has committed only
the offences under the Kerala Preservation of Tress Act, 1986. The
learned counsel submitted that the competent authority is in a
hurry to proceed against the vehicle. It is further submitted that
there is a provision for confiscation by way of invoking Section 55
of the Act as per the orders of the Trial Court in the event the
accused are convicted.
8. The learned Special Public Prosecutor submitted that the
mandate of Section 55 of the Act is that on conviction of the
accused the Magistrate concerned may order confiscation of the
vehicle. The learned Special Public Prosecutor further submitted
that Sections 61A to 61F were inserted by the legislature in the
principal Act by way of Act 28 of 1975 with a specific intention to
permit the competent authority in the forest department to proceed
against the vehicle involved in the offences under the Act. The
learned Special Public Prosecutor submitted that it is premature to
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make a request by the petitioner at this stage not to invoke the
provisions of Sections 61A to 61D of the Act and wait till the end of
the trial to invoke the provisions under Section 55 of the Act.
9. The specific case of the forest department is that the
vehicle is liable to be confiscated as it was involved in the offences
under the Act.
10. The contention of the petitioner is that the offences were
committed not in the forest area but in the Cardamom Hill Reserve.
11. The proceedings initiated under Section 61A is in the
preliminary stage. The competent authority has given statutory
notice to state his explanation in the proceedings. This Court is of
the view that the petitioner cannot be allowed to bypass the
proceedings contained in the special provisions of the Act providing
confiscation of the vehicle. In the present case, he has every
opportunity to resist the proceedings before the competent
authority.
Therefore, the Writ Petition (Civil) is closed with liberty to the
petitioner to raise all contentions in the proceedings initiated by the
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competent authority. The petitioner is also at liberty to approach
this Court, if he is advised so in future.
Sd/-
K.BABU,
JUDGE
KAS
2024:KER:79376
APPENDIX OF WP(C) 37229/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED
2/11/2021 ISSUED BY THE JUDICIAL 1ST
CLASS MAGISTRATE, KATTAPANA IN C.M.P
Exhibit P2 A TRUE COPY OF THE ORDER OF CRL.M.C.NO.
9592/2023 DATED 17/11/2023 ISSUED BY
THE HONOURABLE HIGH COURT OF KERALA
Exhibit P3 A TRUE COPY OF THE ORDER DATED
12/1/2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 THE TRUE COPY OF THE COMMUNICATION
DATED 17/1/2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P5 A TRUE COPY OF THE NOTICE DATED
6/9/2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE EXPLANATION DATED
5/10/2024 SUBMITTED BEFORE THE 2ND
RESPONDENT
