Having failed to get any response from the RTO the Authorised Officer got published a numberice on 31st August, 2000 for information of all companycerned particularly, the persons interested in the goods seized.
P.C. before the High Court of Karnataka, which is registered as Criminal petition No.
FIR No.
2002 3 SCR 162 The Judgment of the Court was delivered by D.P. MOHAPATRA, J. Leave granted.
08437 OR No.
The learned Magistrate on 26.5.2000 dismissed the application holding that in the circumstances of the case the power to grant interim release custody of the vehicle is vested in the Authorised Officer.
Attempts were made to get the particulars from office of the Regional Transport Authority RTA companycerned in the State of Kerala.
234/2000 before the Sessions Judge, Dakshina Kannad, Mangalore.
Nobody came forward to claim either the seized sandalwood oil or the vehicle.
The order was number challenged in appeal under section 71 D of the Act or in any other proceeding.
The order of companyfiscation stood companyfirmed under Section 71 F of the Act.
3670/2000.
The order of companyfiscation as companyfirmed was then published in the official gazette on 4th January, 2001.
108/99 2000.
The said order was published in the official gazette on 9th November, 2000 and also published in the newspaper Udayavani on 15.11.2000.
The owner of the vehicle, who is the respondent herein, filed an application before the Judicial Magistrate 1st class, Udupi for interim custody of the vehicle in question in Crime No.
was seized by the officials of the Forest Mobile Squad, Udupi on 2nd of March 2000 on the allegation of illegal transportation of the forest produce.
Thereafter the authorized officer by order dated 31.10.2000 ordered companyfiscation of the seized vehicle and sandalwood oil.
The learned Sessions Judge by order dated 12th September, 2000 upheld the order passed by the Magistrate and dismissed the revision petition.
The numberice was published in the daily newspaper Udayavani on 18.9.2000.
The respondent challenged the order of the Sessions Judge by filing a petition under section 482 of the Criminal Procedure Code for short Cr.
By order of the Authorised Officer dated 7th March, 2000 custody of the seized material and the vehicle was entrusted to the Range Forest Officer, Udupi as whereabouts of the driver of the vehicle and its owner were number known to the Authorised Officer.
On 3rd March, 2000 a report about the seizure was submitted to the Authorized Officer and Deputy Conservator of Forests, Kundapur, under section 71A of the Act.
108/99 2000 was registered on the same day.
The said order was challenged by the respondent in Criminal Revision No.
The High Court by order dated 7.12.2000 allowed the petition and issued a direction to the learned Magistrate to companysider the request of the petitioner for interim custody of the vehicle on merits and further directed disposal of the matter within two weeks.
The facts of the case relevant for appreciating the question may be stated thus A lorry bearing registration No.
KL 10 J 1728 carrying 5 barrels of sandalwood oil weighing 136.5 kgs.
