MANOJ AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been taken up for final hearing through video conferencing.

(2.) Petitioner'S motor vehicle was found involved in commission of forest offence bearing PRO No. 14078/05 under sections 53 and 57 of Indian Forest Act, 1927 and it was accordingly seized by the competent authority and thereafter, on 03/12/2018, the authorized officer on exercise of power conferred under Section 52(a) of the Act of 1927 informed the jurisdictional Magistrate about the initiation of confiscation proceeding to the Judicial Magistrate 1st Class, Dharamjaigarh, Raigarh.

(3.) An application was filed by the petitioner under Section 451 of Cr.P.C. for grant of interim custody which was rejected by learned trial Magistrate and upheld by the revisional Court against which this petition under Section 482 of Cr.P.C. has been filed. Return has been filed opposing the petition stating that in view of Section 52-C of the Act, petitioner's application has rightly been rejected.