GANESHSING BISANSING BAWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application applicant prays to quash and set aside the order dated 09.10.2007 passed by learned Sessions Judge, Wardha in Criminal Revision Application No. 66 of 2002 with further prayer to restore the order dated 24.09.2002 passed by Judicial Magistrate First Class, Ashti below application Ex. 19 in Criminal Proceeding arising from Crime No. 193 of 2002 registered by Forest Officer under Sections 9 and 39 of The Indian Wild Life (Protection) Act, 1972.

(2.) It is the case of the applicant that vehicle belonging to him being a tractor with registration No. MH31/Z8363 and trolly with registration No. MH31/ Z8397 were seized by Forest Officials on the allegations that the said tractor and trolly were used for carrying flesh of wild pigs and that offence under Sections 9 and 39 of the Indian Wild Life (Protection) Act 1972 read with Section 34 of Indian Penal Code was committed.

(3.) It appears that the applicant had moved before the learned Judicial Magistrate First Class Ashti an application for grant of interim custody of tractor as well as trolly referred above. It appears that after hearing the said application (Ex. 19) learned Judicial Magistrate First Class by order dated 24.09.2002 was pleased to grant interim custody of the tractor and trolly to the applicant on certain conditions on supratnama to be executed by the applicant with indemnity bond in the sum of Rs. 3,00,000/(Rupees Three Lacs) with further condition to produce the tractor and trolly as and when required provided further that the applicant will not change the nature of tractor and trolly.