Supreme Court of India · 2002-04-16
State Of Karnataka vs K.A. Kunchindammed
- Citation / case number
- AIR 2002 SUPREME COURT 1875
- Court
- Supreme Court of India
- Petitioner
- State Of Karnataka
- Respondent
- K.A. Kunchindammed
- Author
- D.P. Mohapatra
- Bench
- D.P. Mohapatra, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court determined that under the Karnataka Forest Act, 1963, the Authorized Officer has the authority to order the interim release of seized forest produce, not the Magistrate under the Code of Criminal Procedure. The Court held that the jurisdiction to consider requests for custody of seized vehicles lies with the Authorized Officer, as per Section 62(3)(b) of the Act, and thus overturned the High Court's directive to the Magistrate. The appeal by the State of Karnataka was allowed, affirming the Authorized Officer's jurisdiction.