High CourtsSingle Bench(2014) 11 MAD CK 0368

Rajasekar vs Forest Range Officer

Madras High Court · Decided on 5 November 2014

HON’BLE JUDGES
R. Mala, J
CASE NUMBER
Criminal Revision Case (MD) No. 137 of 2014

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Judgment

7 paragraphs · 352 words

R. Mala, J.—The present revision has been preferred against the impugned order passed in Cr.M.P.No. 328 of 2013, dated 30.01.2014, by the Court of Forest Offence Cases, Nagercoil, dismissing the application filed under Section 457 of Cr.P.C., seeking interim custody of the vehicle bearing Registration No. TN-75-D-0223 (Mini Tempo).

2.

Heard both sides.

3.

The learned counsel for the petitioner would submit that the petitioner was arrayed as A-2 in O.R.No. 35/2013 of Kaliyal Forest Range and his vehicle was used for illegal transportation of forest properties (teak wood) . Therefore, a case has been registered under Section 21(d)(e)(f) of Tamil Nadu Forest Act and Section 17-A of Wild Life (Protection) Act against the petitioner and the investigation is going on.

4.

Admittedly, the petitioner, who is the owner of the vehicle in question, has filed an application seeking interim custody of the vehicle before the Trial Court in Cr.M.P.No. 328 of 2013. The Trial Court, after considering the arguments advanced on either side, dismissed the application stating that the Forest Department has taken steps for initiating confiscation proceedings against the said vehicle and a show cause notice has also been sent to the petitioner.

5.

At this juncture, even though the learned counsel has challenged the impugned order, since the confiscation proceedings is pending for more than ten months, he wants an early disposal of the confiscation proceedings and if he has any grievance against the order to be passed in the confiscation proceedings, he will prefer an appeal before the appropriate forum.

6.

Considering the representation made by the learned counsel for the petitioner, I am of the view that it is a fit case for giving direction to the authorities concerned to dispose of the confiscation proceedings as early as possible. Accordingly, the District Forest Officer, Nagercoil, Kanyakumari District, is directed to take effective steps to conclude the confiscation proceedings, within a period of one month from the date of receipt of a copy of this order, since show cause notice has been issued even prior to 30.01.2014.

7.

The Criminal Revision Case is dismissed with the above direction.