STATE OF MAHARASHTRA Vs. GAJANAN DAJIBA JAMBHULKAR

JUDGEMENT

(1.) THE present petition has been filed by the State of Maharashtra through the Assistant Wild Life warden and Range Forest Officer, Ramtek, assailing before is the order dated 18-5-1998 passed by the Judicial Magistrate, first Class, Ramtek on an application moved by the present respondent under section 457 of the Code of Criminal procedure seeking release of the motor vehicle bearing registration No. MH-31-G-6648 on Supratnama. A reference to the facts relating to the passing of this order is necessary.

(2.) WITHIN Ramtek range under the jurisdiction of the assistant Wild Life Warden, Ramtek, village Kachurwahi is situated. This village being in the interior part, is not easily accessible and a bridge over the canal has to be crossed for reaching it. Electric Water Pumps have been installed by the villagers for lifting water from the canal for irrigation.

(3.) IN April 1998 there were series of thefts of electric motor pump sets and the villagers had become alert and were maintaining a vigil. On the night of 19th April, 1998, the present respondent, who is original accused No. 3, and the other accused involved in the crime, had gone to the said village kachurwahi in a jeep bearing registration No. MH-31-G-6648. In the said motor vehicle the respondent and the other accused were in possession of one. 22 rifle, one 375 magnum gun and one revolver. They had also in their possession live cartridges, knife, etc. The respondent and the other accused were moving stealthily in the agricultural fields and were successful in killing one black buck. They had switched on the searchlight and were trying to locate another black buck and this had alerted the villagers who were keeping a vigil for the thieves who had stolen electric motor pump sets. One of the villagers rushed to the village for giving information that the presence of thieves had been noticed in the agricultural fields. A posse of vigilante villagers went towards the agricultural field but the respondent and the other accused fled in their jeep. The other villagers obstructed the passage of the jeep and the respondent and other accused, therefore, could not proceed further. The villagers found arms and ammunitions referred to above in the jeep and they also noticed a carcass of a black buck. The original co-accused along with the present respondent were given in the custody of the Police Patil who had enquired from them regarding their presence. The carcass of the black buck was taken out from the jeep and was kept in the courtyard of the Police Patil and after verification of the names of the respondent and the other accused, information was given on telephone to the Ramtek Police station. The police came to the house of the Police Patil, arrested the respondent and the other accused, seized the jeep, the weapons and the carcass of the black buck. Offence was registered against the present respondent and the other accused punishable under sections 9 and 39 of the Wild Life (Protection) Act, 1972 as well as under section 52 of the indian Forest Act and under sections 3, 4/25 of the Arms Act vide Crime No. 3037/98.