STATE OF MADHYA PRADESH AND ANOTHER Vs. SHIVDAYAL

JUDGEMENT

(1.) Learned Public Prosecutor is heard on admission and I.A.No.240/2012 for suspension of impugned order dated 22.12.2011.

(2.) This revision under Section 397/401 of Cr.P.C. is directed against the impugned order dated 22.12.2011 passed by Additional Sessions Judge, Ambah in Criminal Revision No. 211/2011.

(3.) The case of the petitioners is that on 14.12.2008 the forest official was petrolling in Kuthiyana, area of Chambal Sanctuary to check illegal mining of surface soil, sand. The forest official found a tractor of the respondent laden with sand, surface soil, the forest produce in the prohibited area, which was seized and a forest criminal case was registered against the respondent as Forest Crime No. 9656/2008 under sections 27, 29, 39 (1)(d) of Wild Life (Protection) Act, 1972 (for short the 'Act of 1972') and also under Sections 41 and 52 of the Indian Forest Act, 1927 (for short the 'Act of 1927'). The police has not registered any criminal offence in respect of said vehicle. The respondent submitted an application in the Court of Judicial Magistrate, Ambah for releasing the aforesaid vehicle on the ground of his being the registered owner of the vehicle. The said Court had dismissed the application and declined to release the vehicle. Against this order he preferred a revision before the court below, which allowed it by the impugned order.