LAXMI PRABHA RAKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rakesh Pande, Senior Advocate, assisted by Sri Kamal Dev Rai, on behalf of the petitioner and Sri Sudhir Kumar Pathak, learned A.G.A. alongwith Sri Rohit Pandey for the State.

(2.) The present petition has been filed by the petitioner with a prayer to set aside the impugned order dated 08.01.2019 passed by the learned Additional Sessions Judge, Court No.1, Allahabad in Criminal Revision No.388 of 2018 (Laxmi Prabha Rakesh Vs. State of U.P.) and order dated 04.12.2018 passed by the learned Judicial Magistrate, Court No.2, Allahabad in Case Crime No.316 of 2018 under Section 9 and 51 Wildlife Protection Act, 1972 (hereinafter referred as Act, 1972) P.S. Mutthiganj, District Allahabad (Annexure No.9 and 7).

(3.) Briefly facts of the present case are that on 06.11.2018 on information of an informer, police party intercepted a Safari Car bearing no. U.P. 70 D.C./0099 at Nani Bridge, Prayagraj. Five persons travelling in the car were arrested and a wild animal namely Pangolin was found in the car, accordingly an F.I.R. was lodged against five accused namely Ritesh Kumar, Nusrat Hussain, Harimohan Gupta, Akhilesh Shukla and Jai Prakash Sharma under Section 9 and 51 of the Act, 1972. The petitioner herein is owner of vehicle (Safari Car) which was confiscated. The petitioner approached the Court of Judicial Magistrate II, Allahabad by way of filing an application to release the said confiscated Safari Car.