LALLOO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN. Din, J. This criminal revision has been directed against the judgment and order dated 22-4-1999 passed by the Special Judge (E. C. Act), Agra in criminal revision No. 85 of 1999 allowing the revision and quashing the order dated 17-3-1999 passed by the VII Additional Chief Judicial Magistrate, Agra.

(2.) THE facts, giving rise to the revision, briefly stated are that one Hoshiyar Singh, the brother of the revisionist, Lalloo Singh was allegedly found carrying sand on tractor trolley being dug and loaded from the bed of Jamuna river, within the "sanctuary" declared under Section 18 of the Wild Life (Protection) Act (hereinafter referred to as the Act ). THE Forest Authorities inter cepted the tractor trolley, arrested Hoshiyar Singh and seized the tractor trol ley in exercise of the powers conferred under the provisions of the Act. THE revisionist is the owner of the tractor trol ley. He, therefore, moved an application for release of the same. THE A. C. J. M. VII in exercise of the powers conferred under Section 457, Cr.-PC. released the tractor trolley in favour of the present revisionist. On his furnishing personal bond of Rs. 2 lacs and two sureties in the like amount. Against that order, the Slate of U. R through District Forest Officer, Agra filed a criminal revision No. 85 of 1999 before the Sessions Judge, Agra which has been heard and disposed of by Special Judge (E. C. Act ). THE revisional Court on the view that the tractor trolley seized, under the Act, which has become the property of Government, could not be released by the Magistrate, allowed the revision and set aside the order of the Magistrate. Hence, the revision by the revisionist, Lalloo Singh.

(3.) ON the other hand, the learned A. G. A. urged that the revisional Court was justified in holding that the Magistrate has no power to release the vehicle involved in the commission of the offence under this Act in terms of Section 39 (d), the vehicle has become the property of the Stale. He relied on the decisions of Madhya Pradesh High Court in: (1) Babu Lal Lodhi v. State of Madhya Pradesh and another, 1987cr. L. J. 1709 (2) Stale of Madhya Pradesh through Director, Madhav National Park, Shivpuri v. Asadamin, (L. P. A. No. 152 of 1996 decided on 8-5-1996) (3) State ofm. P. v. Sayed Yahyaali, 1996 Cri. LJ. 366.