NITIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. A.K. Bhangde, learned counsel for the applicants and Mr. K.L. Dharmadhikari, learned Additional Public Prosecutor for the respondent/State. Applicant no. 2 is registered owner of Truck No. CG-04-J-7195. Applicant No. 1 is power of attorney holder of applicant No. 2. The said truck was intercepted by police at Dongaon in front of Government Hospital, Tahsil: Mehkar, District: Buldana. It was found that the said truck was carrying meat of animals from Nagpur to Mumbai. On the allegation that there was illegal transportation of meat in the truck and that the truck had met with an accident, an offence under Sections 279, 337 and 427 of the Indian Penal Code and under Section 6(1), (2) and 9 of the Wild Life (Protection) Act, 1972 was registered by Dongaon Police Station on 7th December, 2011.

(2.) During the course of investigation, meat has already been auctioned by the police. Applicant Nos. 1 and 2 do not have any claim over the meat. They had moved the Court of Magistrate at Mehkar for release of the above stated truck on execution of the bond. The learned Magistrate took a view that in view of the provisions of Section 39 of the Wild Life (Protection) Act the truck had become government property and cannot be released. The application, as such, was rejected.

(3.) The present application is under Section 482 of the Code of Criminal Procedure. It is submitted that to secure the ends of justice it is necessary to quash and set aside the order of the learned Magistrate and direct the police to release the truck of applicant no. 2 on execution of bond by his power of attorney holder in the sum as this Court may find just and proper.