SHRIRAM YADAV Vs. STATE OF M P

JUDGEMENT

(1.) Since these matters are arising out of same incident and are interconnected, on the joint request of parties, matters were finally heard and decided by this common order.

(2.) The petitioner is owner of a tractor. As per prosecution story, the petitioner's tractor was found at the bank of Mahuar river at Chandpatha Ghat. The labourers were filling the trolley attached with tractor by sand. The tractor and trolley with 2.80 cubic meter sand were seized. The offence under various sections of Wild Life Protection Act, 1972 (1972, Act) were alleged against the petitioner. The concerned Magistrate was intimated by the Forest Department about the incident on 13.01.2013. This is admitted between the parties that trial is going on. The prescribed authority passed the impugned order dated 27.06.2013 and petitioner's tractor and trolley is confiscated.

(3.) In earlier WP. 5012/2013, this Court on 22.10.2013 passed an interim order and stayed the effect and operation of impugned order dated 27.06.2013. It is made clear that said interim order would not mean that vehicle seized shall be given in custody of the petitioner. It was also made clear that it shall remain in the custody of State unless and until the Magistrate concerned issues directions in accordance with law. Equipped with this order, the petitioner filed an application under Section 451 Cr.P.C. before the court below. The Court below by order dated 29.10.2013 rejected the interim application. Petitioner assailed this order by filing Criminal Revision No. 2/2014 before Additional Session Judge, Karera (Shivpuri). The said Court did not interfere with the impugned order and rejected petitioner's prayer for releasing the vehicle.