STATE OF MADHYA PRADESH Vs. SAYED YAHYA ALI

JUDGEMENT

(1.) This is a revision filed by the State aggrieved by the order of the learned Sessions Judge, Bhopal, dated 10-2-1992 in Cr. Revision No. 17/92 directing the release of the jeep to the respondent on furnishing security.

(2.) Shri R. K. Khare, learned Govt. Advocate, submitted that the order of the learned Sessions Judge, Bhopal, is illegal by virtue of the amendment brought out to S. 39 of the Wild Life Protection (Amendment) Act, 1991 (hereinafter referred to as the Act) which has come into effect from 2-10-1991. That amendment lays down that any vehicle that has been used for committing an offence and has been seized under the provisions of the Act shall be the property of the Government. This amendment referred to above clearly lays down that the vehicle which is involved in the offence and has been seized under the provisions of the Act, shall be the property of the State Government.

(3.) As a consequence of amending S. 39, S. 50 of the original Act has also been amended taking away the power to return the vehicle which has been involved in the offence and seized by the officials. By virtue of the amending Act, sub-Section (2) of S. 50 has been omitted.