SARIKA NITIN SALUNKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) Question falling for my consideration is;

(3.) Briefy stated, prosecution's case is; that on 26/10/2020 the Forest Authorities intercepted the truck bearing Registration No.MH-09-EM-8479 ('vehicle' for short). The authorities, after search of the vehicle, found the said vehicle was allegedly carrying bauxite which was mined, in the area of Sanctuary without permit; whereafter the offences came to be registered vide Crime No.02/2020 under Ss. 27, 29, 50 read with Sec. 51 of the Wildlife Protection Act, 1972 ('Act of 1972' for short). Soon thereafter Forest Offcer, in exercise of the powers under Sec. 50(1)(c), seized the said vehicle. Afterwhich, vide order under Sec. 91 of the Cr.P.C., owner of the said vehicle was ordered to produce the ownership documents of the said vehicle. Pending investigation in the offences under Wildlife Protection Act, offences under the Indian Forest Act, 1927 were added. After which, Petitioner, being owner of the vehicle, moved an application, under Sec. 451 of the Cr.P.C. and sought interim custody of the said vehicle.