STATE OF M P Vs. MADHUKAR RAO

JUDGEMENT

(1.) This judgment will dispose of the four appeals in all of which the same question arises for consideration. The question is whether a vehicle or vessel etc. seized under Section 50(1)(c) of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Act) is put beyond the power of the Magistrate to direct its release during the pendency of trial in exercise of powers under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). On behalf of the appellant, the State of Madhya Pradesh, it is strongly contended that the answer to the question would be only in the affirmative. The contention appears to us to be ex facie untenable but in order to examine the stand of the State Government it would be necessary to state the facts and circumstances in which the question arises and to take note of the relevant provisions of law in light of which it is to be answered.

(2.) The facts of the case are taken from Civil Appeal No.5199 of 2001, the State of Madhya Pradesh vs. Madhukar Rao, which was the leading case before the High Court. On March 12, 1997 at about 3.30 a.m., in course of checking a Sub-Inspector of Excise found a Tata Sumo vehicle, bearing Registration No.MH.31-H/6919, carrying 206 kgs. of antlers. The vehicle was owned by Madhukar Rao, the respondent, but he was not in it at the time of checking. The Excise Sub-Inspector informed the officers of the Forest Department who registered a case being Offence No.6527/97 under Sections 39, 42, 43, 44, 49(Kha) and 51(Kha) of the Act. The four persons occupying the vehicle were arrested and the vehicle and the antlers were seized under Section 50(1)(c) of the Act. The Judicial Magistrate, Raipur, was duly informed about the institution of the case on March 13, 1997.

(3.) The respondent, being the owner of the vehicle, moved the Judicial Magistrate, First Class, Raipur on May 12, 1997 for its release on Supurdnama. On behalf of the respondent it was stated that he was not an accused in the case and he had no concern with the commission of any offences. It was further stated that his neighbour Shri Lohiya, one of the accused in the case, had borrowed the vehicle on the pretext of going to see his ailing father. The Magistrate allowed the petition and directed for release of the vehicle on Supurdnama by order, dated May 12, 1997.