STATE OF MADHYA PRADESH Vs. UDAY SINGH

JUDGEMENT

(1.) Leave granted in the Special Leave Petitions.

(2.) This appeal arises from a judgment of a learned Single Judge of the High Court of Madhya Pradesh at its Gwalior Bench dated 29 July 2011. Allowing a petition under Section 482 of the Code of Criminal Procedure 1973 "CrPC", the High Court set aside a revisional order dated 16 June 2011 of the Additional Sessions Judge, Morena. The Additional Sessions Judge had confirmed an order of the Judicial Magistrate First Class "JMFC", Ambah dismissing an application under Section 451 of the CrPC seeking the release of a tractor and trolley which had been seized for being involved in the illegal excavation of sand from the Chambal river.

(3.) On 26 March 2011, the Forest Officer apprehended a tractor and trolley belonging to the respondent alleged to have been carrying sand illegally excavated from a restricted area of Dalijeet Pura Ghat at the National Sanctuary, Chambal without permission and in the absence of a transit pass. The tractor and trolley was seized together with the sand by the officers of the Forest Department under Sections 41, 52 and 52-A of the Indian Forest Act, 1927 "Indian Forest Act" and Sections 27, 29, 39(1)(d), 51 and 52 of the Wildlife Protection Act, 1972. Intimation of the seizure was given to the Magistrate under Section 52 of the Indian Forest Act, 1927 on 27 March 2011. The respondent moved an application (Application No 9661 of 2009) under Section 451 of the CrPC [1] before the JMFC, Ambah for interim release of the seized vehicle. The Magistrate dismissed the application by an order dated 21 April 2011. A Criminal Revision 68 of 2011 met with the same fate before the District and Sessions Judge, Morena on 16 June 2011. The respondent then instituted proceedings under Section 482 of the CrPC (Miscellaneous Criminal Case No. 5171 of 2011) before the High Court of Madhya Pradesh at its Gwalior Bench. By a judgment dated 29 July 2011, the High Court directed the Magistrate to pass orders for the interim release of the vehicle. The State of Madhya Pradesh has instituted these proceedings under Article 136 of the Constitution to assail the judgment of the High Court.