M.NARASIMHAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the impugned order passed by the Learned Judicial Magistrate No.II, Ponneri, in C.M.P.No.1728 of 2022, dtd. 6/7/2022.

(2.) The Learned Counsel for the petitioner submitted that the petitioner is the owner of the licensed gun bearing No.SBBL.73292 and licensed bearing No.A009PTP6 to hold the gun and Bullets. On 11/12/2020, the said gun and bullets were seized from the petitioner without any reason and the respondent/Forest Ranger registered a case in WLOR No.1 of 2020, for the offences under Ss. 2(16), 9, 50, 51 (1) of Wild Life Protection Act.

(3.) Further, the Learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.R.C.No.936 of 2021 before this Court to return of the gun and this Court, by an order dtd. 28/1/2022, permitted the petitioner to compound the offence and approach the trial Court to return of property. As per order of this Court, offence was compounded on payment of fine of Rs.25,000.00 on 20/4/2022. Further, he filed a petition for return of property before the Learned Judicial Magistrate No. II, Ponneri, and the same was dismissed on the ground that the seized the property shall become the property of the State Government and even though, the offence was compounded, the petitioner is not entitled to receive the property and the order of dismissal passed by the Trial Court is against the principle of law laid down by the Hon'ble Apex Court in Principal Conservator of Forest -vs- J.K.Johnson and others reported in 2011 (10) SCC Page 764 and as such, the impugned order is liable to be set aside.