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Kerala High Court
Rajesh vs State Of Kerala on 19 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 11237 OF 2025 1 2026:KER:15124
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
CRL.MC NO. 11237 OF 2025
CRIME NO.16/2025 OF Palode Forest Range Office, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 22.11.2025 IN CMP NO.3937 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III (FOREST OFFENCES),
NEDUMANGAD
PETITIONER/PETITIONER :
RAJESH,
AGED 35 YEARS
S/O RAMACHANDRAN NAIR, RESIDING AT KURUMAMKODE
PUTHENVEEDU, ILAMBA, MUDAKKAL, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, FROM ADARSH VEEDU, 1415
CROSS, 1215 MAIN, MAIN ROAD, BANGALORE, BANGALORE
LAYOTTU, KARNATAKA, PIN - 695103
BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
SHRI.MUHAMMED SWADIQ
SHRI.ARJUN SAI KRISHNAN
RESPONDENT/COUNTER PETITIONER :
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, FOREST AND WILDLIFE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
2 THE RANGE FOREST OFFICER,
PALODE FOREST RANGE, NEDUMANGADU TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695562
CRL.MC NO. 11237 OF 2025 2 2026:KER:15124
3 THE DIVISIONAL FOREST OFFICER,
(AUTHORIZED OFFICER) THIRUVANANTHAPURAM DIVISION,
FOREST HEADQUARTERS, PTP NAGAR, THIRUVANANTHAPURAM
DISTRICT, PIN - 695038
PP.SRI.M.P.PRASANTH, SPL.PP.SRI.NAGARAJ NARAYANAN,
PP.SRI.ARAVIND V. MATHEW
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 11237 OF 2025 3 2026:KER:15124
C.S.DIAS, J.
---------------------------------------
Crl.M.C. No. 11237 OF 2025
-----------------------------------------
Dated this the 19th day of February, 2026
ORDER
The petitioner is the owner of a vehicle bearing
registration No.KA-01-HC-8366, which has been seized by the
Palode Forest Range, Thiruvananthapuram, in O.R.No.16/2025
alleging that the accused had used the vehicle to transport
sandalwood, and thus, the vehicle have committed the
offences punishable under Sections 47B, 47C, 47F, 47G and
47H of the Kerala Forest Act, 1961, (' the Act' in short).
2. Claiming interim custody of the vehicle, the
petitioner had filed an application before the Court of the
Judicial First Class Magistrate for the Trial of Forest Offences,
Nedumangad, (learned Magistrate). The Investigating Officer
opposed the application by filing an objection, inter alia,
contending the confiscation proceedings has been initiated
under Section 61A of the Act. Therefore, in view of the law laid
down by this Court in State of Madhya Pradesh and
CRL.MC NO. 11237 OF 2025 4 2026:KER:15124
Others v. Uday Singh and Others [2019 KHC 6345], the
learned Magistrate loses his jurisdiction to consider the
application for interim custody. Based on the above objection,
the learned Magistrate dismissed the application by Annexure
A5 order. Annexure A5 order is palpably wrong and
unsustainable in law. In fact, the respondents have not
initiated the confiscation proceedings as alleged. Hence,
Annexure A5 order may be set aside.
3. The 2nd respondent has filed a statement, inter alia,
contending that, on 29.10.2025, acting upon credible
information regarding the unauthorised possession and
attempt to sell sandalwood, the above OR was registered. The
contraband timber was transported utilizing the vehicle in
question in contravention of Section 47 of the Act.
Accordingly, the seized vehicle was produced before the
Divisional Forest Officer to initiate confiscation proceedings
under Section 61A of the Act. Subsequently, the procedure
under Section 61B of the Act is in progress. As the
confiscation proceedings is in progress, there is no error in the
CRL.MC NO. 11237 OF 2025 5 2026:KER:15124
learned Magistrate declining interim custody. Hence, the
Crl.M.C, may be dismissed.
4. I have heard the learned counsel for the petitioner
and the learned Special Public Prosecutor.
5. The petitioner's vehicle was seized by the
Investigating Officer on 29.10.2025, alleging that it was used
for the illegal transportation of sandalwood. The petitioner's
application for interim custody of the vehicle was dismissed on
the sole ground that the confiscation proceedings have
commenced.
6. In the above context, it is profitable to refer to
Section 61A and 61B of the Act;
"Section 61A
Confiscation by Forest Officers in certain cases.--
Notwithstanding anything contained in the foregoing
provisions of this chapter, where a forest offence is
believed to have been committed in respect of timber,
charcoal, firewood or ivory which is the property of the
Government, the officer seizing the property under sub-
section (1) of Section 52 shall, without any
unreasonable delay, produce it, together with all tools,
ropes, chains, boats, vehicles and cattle used in
committing such offence, before an officer authorised
by the Government in this behalf by notification in the
Gazette, not being below the rank of an Assistant
Conservator of Forests (hereinafter referred to as the
CRL.MC NO. 11237 OF 2025 6 2026:KER:15124
authorised officer).
(2) Where an authorised officer seizes under sub-
section (1) of Section 52 any timber, charcoal, firewood
or ivory which is the property of the Government, or
where any such property is produced before an
authorised officer under sub-section (1) of this section
and he is satisfied that a forest offence has been
committed in respect of such property, such authorised
officer may, whether or not a prosecution is instituted
for the commission of such forest offence, order
confiscation of the property so seized together with all
tools, ropes, chains, boats, vehicles and cattle used in
committing such offence.
Section 61B
Issue of show cause notice before confiscation
under Section 61A.-- (1) No order confiscating any
timber, charcoal, firewood, ivory, tools, ropes, chains,
boats, vehicles or cattle shall be made under Section
61A unless the person from whom the same is seized-
(a) is given a notice in writing informing him of the
grounds on which it is proposed to confiscate such
timber, charcoal, firewood, ivory, tools, ropes, chains,
boats, vehicles or cattle; (b) is given an opportunity of
making a representation in writing within such
reasonable time as may be specified in the notice
against the grounds of confiscation; and
(c) is given a reasonable opportunity of being heard in
the matter.
(2) Without prejudice to the provisions of sub-section
(1) no order confiscating any tool, rope, chain, boat,
vehicle or cattle shall be made under Section 61A if the
owner of the tool, rope, chain, boat, vehicle or cattle
proves to the satisfaction of the authorised officer that
it was used in carrying the timber, charcoal, firewood
or ivory without the knowledge or connivance of the
owner himself, his agent, if any, and the person in
charge of the tool, rope, chain, boat, vehicle or cattle
and that each of them had taken all reasonable and
CRL.MC NO. 11237 OF 2025 7 2026:KER:15124
necessary precautions against such use.
7. A conjoint reading of Sections 61A and 61B
demonstrate that the authorised officer is competent to order
confiscation of the property so seized. Thereafter, he has to
issue a show cause notice under Section 61B to the person
from whom the property was seized.
8. Though the Investigating Officer had contended in
the interim custody application that the confiscation
proceedings have commenced, it is evident from the statement
filed before this Court that the statutory notice under Section
61B was issued to the petitioner only on 31.01.2026, directing
him to show cause why the vehicle should not be confiscated.
Therefore, the contention raised before the learned Magistrate
was incorrect.
9. It is pursuant to notice that, under Section 52 of the
Act, the Forest Officer is authorised to seize any property.
However, under Section 53 of the Act, the Forest Officer is
empowered to release the tools such as, boats, vehicles or
cattle seized under Section 52 to the owner on execution of
CRL.MC NO. 11237 OF 2025 8 2026:KER:15124
bond and if so required before the Magistrate having
jurisdiction to try the offence. Thus, in view of Section 53 of
the Act, either the Forest Officer or the learned Magistrate
have the power to grant interim custody of the property, until
such time before the confiscation proceedings are initiated
under Section 61A and 61B of the Act.
10. In the case at hand, as the application for interim
custody was dismissed by the learned Magistrate on the
ground that the confiscation proceedings had commenced,
which was misleading and incorrect, because notice under
Section 61B was issued to the petitioner only on 31.01.2026,
which is well after the impugned order was passed, I am
satisfied that the impugned order suffers from errors of law
and warrants to be interfered by this Court in exercise of
inherent powers under Section 528 of the BNSS. Thus, I am
inclined to allow the Crl.M.C and order interim custody of the
vehicle to be given to the petitioner subject to the conditions.
In the aforesaid circumstances, the Crl.M.C is allowed
in the following manner;-
CRL.MC NO. 11237 OF 2025 9 2026:KER:15124
(i) Annexure A5 order is set aside.
(ii) CMP No.3937/2025 is allowed by ordering
interim custody of the vehicle to be granted to the
petitioner subject to the following conditions;
(a) The competent authority of the respondents is
directed to grant interim custody of the vehicle
bearing registration No.KA-01-HC-8366 to the
petitioner on him executing a bond for
Rs.1,00,000/- with two solvent sureties for the
like sum to the satisfaction of the learned
Magistrate.
(b) The petitioner shall not alienate, transfer or
encumber the vehicle until further orders
are passed by the Trial Court.
(c) The petitioner shall not use the vehicle for
commission of any offence.
(d) The Investigating Officer would be at liberty
to take photographs, video-graphs of the
vehicle as envisaged under the law.
(e) The petitioner shall produce the vehicle
before the Trial Court as well as before the
Investigating Officer as and when directed.
(f) The Trial Court is granted liberty to modify
the conditions of this order.
(g) This order shall not stand in the way of the
CRL.MC NO. 11237 OF 2025 10 2026:KER:15124
competent authority proceeding with
confiscation proceedings and bringing it to
its logical conclusion.
(h) In case a confiscation order is passed, the
petitioner shall adhere to the said order,
unless it is otherwise challenged.
Sd/-
C.S.DIAS, JUDGE
SCB.19.02.26.
CRL.MC NO. 11237 OF 2025 11 2026:KER:15124
APPENDIX OF CRL.MC NO. 11237 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE REMAND REPORT FILED BY
THE RANGE FOREST OFFICER, PALODE RANGE BEFORE
THE HON'BLE COURT OF JUDICIAL MAGISTRATE OF
FIRST CLASS FOR THE TRIAL OF FOREST OFFENCES,
NEDUMANGAD
Annexure A2 THE TRUE COPY OF THE MAHZAR IN O.R. NO: 16 OF
2025 PRODUCED BEFORE THE COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS, FOR THE TRIAL OF
FOREST OFFENCES, NEDUMANGADU
Annexure A3 THE TRUE COPY OF THE CMP NO. 3937 OF 2025,
FILED BY THE PETITIONER BEFORE THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE FOR THE TRIAL
OF FOREST OFFENCES, NEDUMANGAD
Annexure A4 THE TRUE COPY OF THE OBJECTION FILED BY THE
2ND RESPONDENT
Annexure A5 THE FREE COPY OF THE ORDER DATED 26.04.2025
IN CMP NO: 3937 OF 2025 IN PALODE OR NO: 16
OF 2025
RESPONDENT ANNEXURES
Annexure R2-(a) True copy of form-I report in OR 16/25
Annexure-R2(b) True copy of Order
No.KFDDO/62516/2025/DFOTVM/G3 dated 30-10-
2025.
Annexure-R2(c) True copy of notice the notice No. G3-
62516/2025 dated 31.01.2026
