STATE OF ANDHRA PRADESH Vs. P K MAHAMMAD

JUDGEMENT

(1.) The Forest Range Officer, Mahaboobnagar seized a motor car bearing MYW No. 7005 while it was smuggling sandal wood and produced the same before the Divisional Forest Officer, Mahaboobnagar for taking proceedings under Section 44 (2-A) of the Andhra Pradesh Forest Act. The accused were, however, produced before the Munsif Magistrate for remand and for being proceeded against under Section 44(2) of the Act.

(2.) The 1st respondent herein, claiming to be the owner of the motor car, filed M.P.No, 532 of 1977 before the Court of Munsif Magistrate for release of the car. The learned Magistrate ordered the release of the car on 10-8-1977 on furnishing a bond for Rs, 10.000/- with two sureties. Against the said order, the Forest Department filed a Criminal R.C.No. 16 of 1977 before the learned Sessions Judge. Mahaboobnagar contending that since the car was not produced before the Court, which was indeed produced before the Divisional Forest Officer, Mahaboobnagar an authority of competent jurisdiction, the learned Magistrate had no power to pass any orders of release with respect to the said car. The learned Sessions Judge, however, over-ruled the said contention, mainly, with reference to Section 457 of the Criminal Procedure Code. Hence, this Writ Petition. The prayer is to quash the orders of the learned Magistrate and the learned Sessions Judge, Mahaboobnagar by issuing a writ of Certiorari.

(3.) It is stated by the learned Government Pleader that they have filed this petition as a test case since the Forest Department is finding that even where the property is not produced before the Court, but only before the Forest Officer as contemplated in Section 44(2-A) of the Act, the Courts have been releasing the said property. It is contended that the Court has no jurisdiction to do so. On the other hand, Sri D.K.S. Reddy, the. learned Counsel for the 1st respondent, contended that once the learned Magistrate takes cognizance of an offence, he is empowered to take cognizance of the property connected with the said offence and by virtue cf his powers under Section 457 Crl.P.C., he is entitled to pass appropriate orders for release, if he finds the same necessary. Reliance is also placed upon Section 451 Crl.P.C. and Sections 53 and 57 of the Andhra Pradesh Forest Act.