MUSA KHAN JAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of these petitions, the petitioner seeks to challenge the legality and validity of the order and judgment dated 09.06.2017, passed by the 10th (Ad-Hoc)Additional Sessions Judge, Bhuj, in Criminal Misc. Application No. 353 of 2017 whereby the learned Judge rejected the request of grant of interim custody of Tractor Model bearing No. 735-FE, Engine No. 391354/BAN011716A, Registration No. GH-12-CD-6497 as well as trolley bearing No. GH-12-W-2984, along with recently cut wood log of 'Ganda Baval' near Baranda, Taluka Lakhapat, District Kutch. The Court has chosen not to exercise the discretion on the ground that as per the Forest Act and only specially appointed officer can exercise the power. Therefore, the Court has rejected the request of grant of custody of both the vehicles.

(2.) These petitions, therefore, have been preferred seeking the quashment of the orders passed by the Courts below and also for release of the vehicles, pending trial.

(3.) This Court has heard Mr. Ashish Dagli learned advocate for the petitioner who has urged that this Court while exercising the powers under Art. 226 of the Constitution also can take into account the ratio laid down in the case of 'Sunderbhai Ambalal Desai Vs. State Of Gujarat', AIR 2003 SC 638, wherein the Apex Court has lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises.