MADHURAJ Vs. FOREST OFFICER

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order of the Court below returning the petition filed by the petitioner seeking for return of vehicle.

(2.) It is seen from records that the petitioner is the owner of the vehicle and he had leased his vehicle to some other person who has used the vehicle for committing the offence under the Tamil Nadu Forest Act, 1882. An FIR was registered in Crime No.STOR No.1 of 2018 dated 05.11.2018 and the vehicle was also seized.

(3.) The petitioner filed a petition before the Court below under Section 451 r/w 457 of Cr.PC seeking for return of the vehicle. The said petition was returned with an endorsement that since confiscation proceedings have already been initiated under Section 49 A and B, the regular Magistrate Court cannot entertain a petition for return of vehicle under Section 451 r/w 457 of Cr.PC.