MOHD.ASLAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been preferred against the judgment and order dated 18.7.2012 passed by the learned Chief Judicial Magistrate, Bijnor in Criminal Case No. 2234 of 2012 ( State Vs. Rais Ahmad and others) arising out of Case Crime No. 75 of 2012 under Sections 26/43/41 Forest Act, Police Station Najibabad, District Bijnore.

(2.) The brief facts of the case are that on 11.1.2012 at about 8.00 A.M., the officials of Kaudiya Range, Department of Forest, a truck having its registration No. HR 38/ H-1801, was intercepted. It was laddened with timber. The timber was being carried in an illegal way and the driver of the said truck did not have any paper to transport such timber which was a prohibited forest produce. The truck was seized and later on confiscated. An application was moved by the revisionist before the learned Chief Judicial Magistrate, Bijnor apparently under Section 451/457 Cr.P.C. The learned Chief Judicial Magistrate called for a report from the concerned forest officials/officers and after hearing both the parties, the application to release the truck was rejected by the learned Chief Judicial Magistrate. The learned Chief Judicial Magistrate was of the view that the court of a Magistrate does not have jurisdiction to release a motor vehicle involved in such type of cases. He has referred to Section 52-D of the Indian Forest Act, 1927 ( for short 'the Act') as amended in the State of Uttar Pradesh. Feeling aggrieved by such order dated 18.7.2012 the present revision has been filed.

(3.) It has been submitted from the side of the revisionist that the order passed by the learned Magistrate is illegal keeping in view the provisions as contained in Section 54 of the Act. It has further been submitted that from the language of Section 54 it is clear that the Magistrate has power to dispose of such property in accordance with law and since such power is there, a detailed procedure is prescribed under Section 451/457 Cr.P.C.