RAHEMTULLA SAMIULLAH ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this Petition, the Petitioner has sought quashing and setting aside of the Judgment and Order dated 20.11.2019 passed by the learned Additional Sessions Judge - 2, Malegaon, District - Nashik in Cri. Revision Application No. 88 of 2019 filed by the Respondent - The State of Maharashtra against the Order dated 05.11.2019 passed by the learned Jt. C. J. J. D. and Judicial Magistrate F. C., Malegaon, District - Nashik below Exh. 1 in Cri. Misc. Appln. No. 1478 of 2018, by which the learned Magistrate was pleased to release the Petitioner's motor cycle seized by the Range Forest Officer in connection with C. R. No. 5 of 2018 on furnishing indemnity bond of Rs. 50,000/- with certain other conditions.

(3.) At the outset, learned APP for the Respondent - State states that under the Indian Forest Act, 1927, the power to release any vehicle seized under the said Act is vested with the Forest Officer. He submits that the Petitioner's vehicle is seized by the Forest officer under Section 52 of the said Act and therefore, the learned Magistrate had no power to release the said vehicle. He submits that it is always open for the Petitioner to file an appropriate Application before the concerned authority i. e. the forest officer in terms of Section 53 of the said Act, for release of his vehicle.