HC orders release of vehicle involved in deer antler smuggling

The Madras High Court has opined that keeping a seized vehicle idle in the Forest Department's custody for a long time would not serve any useful purpose and directed the authorities to release a jeep allegedly involved in smuggling of deer antlers.
"Unless or until a person is proved guilty of the offence of carrying a prohibited item, the seized vehicle cannot be attached and kept with government. The act of the authorities is arbitrary in the absence of any order from an appropriate court," Justice S Vaidyanathan of the High Court's Madurai bench said on a petition by one K R Veerappan whose vehicle was seized by the Forest Department in Sivaganga in 2013.

Veerappan submitted his jeep was seized in February 2013 on the charge of transporting deer antlers and as per penal provisions of Wildlife (Protection) Act, 1972.
He claimed that the antlers do not belong to him and that the case was 'foisted' on him and sought a court directive to return the vehicle to him.
The court had earlier asked him to reply to the Department's show cause notice to him. He had moved the court after the Department rejected his explanation.
As an interim direction, the court had in August 2013, directed the Department to return the vehicle to him if he deposits Rs 25,000 along with an affidavit of undertaking.

Veerappan, however, did not pay the amount, saying there was no need for him to pay any amount even before proving his guilt.

The government contended it had powers to seize vehicles found transporting wildlife trophies and that the vehicle would then become the state property.
Justice Vaidyanathan pointed out that only a charge had been levelled against the petitioner and it would not amount to confirmation of the commission of offences.
The judge asked the Department to return the jeep if the petitioner produces documents in proof of his ownership and complies with conditions laid down by the authorities.