MANOJ KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD learned counsel for the applicant on the question of admission.

(2.) IT is alleged that the jeep belonging to the applicant was being used for carrying seven pieces of teak-wood logs. These logs were seized by the police which appears to have registered an offence under Section 379 of the Indian Penal Code and proceeded under Section 52 of Indian Forest Act (henceforth 'the Act') and Section 15 of Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1986.

(3.) THE applicant is the registered owner of the vehicle. He filed an application before the Judicial Magistrate First Class, Bijawar, seeking custody of Jeep No. MP 15-D/3475. The learned Magistrate had received prior intimation on 3-2-2000 that the aforesaid jeep was liable to be confiscated by the competent forest officer and for this purpose necessary proceedings were being started. Thereafter, the learned Magistrate did not exercise its power under Section 457 of the Code of Criminal Procedure, and dismissed the application of the applicant.