NAWALKISHOR GOVERDHANDASJI RATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 8-10-2001 the Range Forest Officer for Warora had seized a Truck bearing Regd. No. MH-31-W-3442 at the site of crusher Unit of M/s. Shanti Metals, on the allegations that it was involved in transporting of Carcass of a wild pig found dead, allegedly due to electrocution in the field of one Vijay Sayankar on3-8-2001. The seizure was made under the panchanama. At the time when truck came to be seized, it was driven by Shri. Jugal Meshram, who ran away abandoning the truck. In the course of investigation, it was found that the truck belonged to petitioner, who is radiologist, practising at Chandrapur and also claims to hold various positions in the society, like President of Chandrapur Junior Chamber, Executive Member of Indian Medical Association, Chandrapur, and so on.

(2.) It is the case of the petitioner that the aforesaid truck was passing when Vijay Sayankar and his companions were trying to take out carcasses of wild pigs from the field of Sayankar, which was driven by Jugal Meshram, who was known to Vijay Sayankar and it is on the request of Vijay Sayankar that the carcasses of the wild pigs were transported in a truck, which was subsequently carried away in another vehicle. The petitioner had applied for release of the truck before the Judicial Magistrate (First Class), Warora on Supratnama, even before the charge-sheet/complaint came to be filed by the respondent, vide Criminal Application No. 155 of 2001, dated10th October, 2001 in Crime No. 657 of 2001. The learned Judicial Magistrate (F. C.), Warora had disposed of the application on29th October, 2001 by which the application of the petitioner came to be rejected, which is subject matter of challenge in this petition.

(3.) In reply, it is the case of the respondents that this application was made even before the charge-sheet/complaint came to be filed and at that stage the learned Magistrate of the Trial Court was justified in rejecting the application. According to the respondents, the truck in question came to be seized by Range Forest Officer, Warora under Section50 of the Wild Life (Protection) Act, 1972, as it was carrying two dead bodies of wild pigs from the field of Charukheti to Nala near Panzurni Stone Mine, in contravention of Section48 of the Wild Life (Protection) Act, 1972. Under Section48 (A) of the Act there is a bar for transportation of any wild animal or any animal article, without permission from the Chief Wild Life Warden and the petitioner had not obtained a transit pass. Under Section39 of the Act every vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of the Wild Life (Protection) Act, 1972 is a Government property.