LAWS(CHH)-2016-11-76

DILIP SARKAR Vs. STATE OF CHHATTISGARH

Decided On November 07, 2016
Dilip Sarkar Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been filed by the Petitioner seeking for release of the seized vehicle, Mahindra TU-N- 300, white in colour, without number, bearing Engine No. SMF-6 K 19528 and Chasis No. F-6 KU 6984, on supurdnama.

(2.) Briefly stated facts of the case are that on 6/1/2016 the said vehicle was found in possession of a Tiger skin and on the basis of which a criminal case i.e., Forest Criminal Case No. 7577 of 2014 was registered against the accused persons for the offence punishable under Ss. 9, 39, 40(2), 44, 49(B)(ii), 50, 51, 52 of the Wild Life (Protection) Act, 1972 and the said vehicle was seized on 7/1/2016 and since then it is in the custody of the forest authorities.

(3.) According to the Counsel for the Petitioner, the application for Supurdnama of the seized vehicle filed by the Petitioner was rejected by the Deputy Forest Officer, Bhanupratappur on 1/2/2016 against which he had moved before the Chief Conservator of Forest, North Bastar, Kanker who also on 6/4/2016 rejected the application for Supurdnama. Assailing the said order dtd. 6/4/2016, a revision was preferred by the Petitioner vide Criminal Revision No.2 of 2016 and the Revisional Court i.e., the Additional Sessions Judge, Bhanupratappur, District North Bastar, Kanker has also rejected the application vide its order dtd. 3/5/2016, leading to the filing of the present petition.