DEEVAN ARJUN SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner's Supurdgi application under Section 451 of the Cr. P. C., stood disallowed by C.J.M. Narsinghpur, on 7-3-2000, and the petitioner remained unsuccessful on 2-6-2002, in his Criminal Revision No. 33/2000, also wherein, his challenge to the order dated 7-3-2000, passed by C.J.M., stood negatived by Special Judge (Atrocities), Narsinghpur, therefore, he seeks quashment of both the aforesaid orders and interim custody of his Armada Jeep, bearing No. M.P. 19-A/3322, in exercise of inherent powers.

(2.) It is found detailed by Revisional Court in its order dated 2-6-2002, that on 10-9-99, a patrolling party of Forest Officers intercepted Armada Jeep bearing No. M. P. 19-A/3322, on National Highway No. 12, near Tendukheda, while coming from Peeparwani, who on search found that Shivraj, father of this petitioner, Beni Singh and Ashok Kumar were occupying the seats. These Forest Officers found fresh pieces of flesh in a bundle and some cooked flesh also in steel tiffen. On enquiry, it was learnt that one spotted Deer was killed and some of its flesh was cooked at the residence of Hemraj, resident of village Peeparwani, and the rest of the flesh was being taken in the jeep. The Forest Officials registered a P.O.R., for offences punishable u/Ss. 9, 39(B), 39(D), 51(2) and 54(4) of Wild Life (Profession) Act, and arrested the accused persons. They further seized the jeep, the cooking utensils and the flesh found in the jeep. Arjun Singh, who claims to be the registered owner of the vehicle, filed a Supurdgi application in the Court of C.J.M. Narsinghpur, which stood rejected on the ground that the vehicle is already confiscated by D.F.O. Narsinghpur.

(3.) The petitioner who is the registered owner of the jeep, claims the interim custody on the strength of Madhukar Rao v. State of M. P., reported in (2000) 1 MPLJ 289, wherein, it is dictated by a Full Bench of this Court in para 23 at page 299 that-