ROBIN LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard

(2.) It has been contended before this Court that after framing of charge, the offence under Section 9 & 48-A of the Wild Life Protection Act, 1972 (hereinafter referred to as "Act, 1972") and Section 379 of I.P.C. and Section 30 of the Arms Act has been framed by the Judicial Magistrate.

(3.) As per the prosecution case on 010.2017, in a farm house which is adjacent to the forest, the petitioner has killed Cheetal by his .22 bore Rifle and shot him down and in order to consume the meat took it in a XUV vehicle bearing No.C.G.05/MB/2656 and from Vishrampur forest came to Dhamtari. The dead Cheetal and flesh and vehicle were seized, thereafter, the charge sheet was filed. During pendency before the Court, an application was filed for custody of the vehicle which was dismissed by Judicial Magistrate by an order dated 10.01.2018. Thereafter, the same was subject of challenge in a revision before the Sessions Judge. The Sessions Judge also dismissed the petition and relied on the averments made in the order of the Judicial Magistrate that the vehicle has been sent for confiscation and a communication to this effect exists by a letter dated 05.10.2017. Therefore, the Court was not within its power to give the vehicle on supurdnama.