RAMNIWAS Vs. GAME RANGE CHAMBAL SANCTUARY BHIND HEADQUARTER

JUDGEMENT

(1.) Since common questions of facts and law are involved in these similar matters, with the consent of parties the matters were analogously heard and decided by this common judgment.

(2.) The facts are taken from Misc.Cri.Case No.213/2012. On 14.3.2011 a tractor trolley of the petitioner was seized by forest officials under the provisions of Indian Forest Act, 1927 (hereinafter referred to as the '1927 Act'). As per the story of prosecution, the forest officials were petrolling in the Chambal Sanctuary to check illegal mining of surface soil, sand. During the said petrolling, petitioner's tractor trolley was found laden with sand, surface soil, a forest produce in the prohibited area. Accordingly, the vehicle was seized and a forest criminal case was registered against the petitioner under 1927 Act. The 'forest produce' is defined in Section 4 of the 1927 Act. It is not in dispute between the parties that forest officials sent an intimation of aforesaid seizure to the Magistrate as per section 52 of 1927 Act (Madhya Pradesh Amendment) and it is also not in dispute that such an information was duly received by the concerned Magistrate.

(3.) The petitioner filed an application under section 451 read with section 457 of Cr.P.C. before the Magistrate for releasing his vehicle. The learned Magistrate by order dated 8.4.2011 rejected the said application on the ground that the information of seizure of said tractor trolley is already received by the Magistrate and, therefore, under the provisions of the Forest Act, the jurisdiction of Magistrate is ousted. At this stage, the petitioner filed a revision under Section 397 Cr.P.C. before the Additional Sessions Judge, Morena, which was registered as Case No.63/2011. The said Court by order dated 16.6.2011 rejected the revision on the ground that once information is given under Section 52 of the 1927 Act by the forest officials to the Magistrate, the jurisdiction of Magistrate is ousted. Thus, no fault was found in the order of the Magistrate and revision was rejected.