SHISHUPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard finally with the consent of the learned counsel for the parties. This petition under Section 482 of the Cr.P.C. has been filed being aggrieved by order dated 29/10/2013 passed by the Chief Judicial Magistrate, District Sidhi (M.P.) in Forest Crime No. 535/11, whereby the application filed by the applicant under Section 457 of the Cr.P.C. for interim custody of offending Tractor bearing registration number M.P.-53 AA-2571 and Trolley bearing registration number M.P.-53 AA-2572 has been dismissed.

(2.) The facts, in short, are that an offence has been registered vide Forest Crime No. 535/11 before Chief Judicial Magistrate, Sidhi for the offence punishable under Sections 27, 29, 39, 51 of Wild Life (Protection) Act and Sections 2, 41, 52 of the Forest Act. The applicant has filed an application under Section 457 of the Cr.P.C. for releasing the offending vehicle on interim custody on Supurdginama, which has been dismissed by learned Magistrate.

(3.) Learned counsel for the applicant has submitted that the dismissal of the application is illegal on the basis of fact that the property is seized for committing an offence under the Wild Life (Protection) Act or the Forest Act, because an information regarding confiscation proceedings has been received from Forest Officer, therefore, trial Court is not in a position to pass an order for releasing the offending vehicle on interim custody on Supurdginama.