SHIV PRASAD BAIS Vs. STATE OF M.P.

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under section 482 of the Code of Criminal Procedure filed on behalf of applicant Shiv Prasad Bais. It is directed against order dated 18-07-2014 passed by the Court of I Additional Sessions Judge, Sidhi in Criminal Revision No.77/2014 whereby, the order dated 28-05-2014 passed by Judicial Magistrate First Class, Sidhi, in Forest Offence Case No.6784/17 had been affirmed.

(2.) The facts giving rise to this miscellaneous criminal case may briefly be stated thus: Applicant Shiv Prasad Bais is registered owner of tractor No.MP-18-AA-6391 and trailer no. MP-18-AA-6390. As per the prosecution case, aforesaid tractor with trailer entered the prohibited forest area of Jhiriaghat in Son river on 14-04-2014. The offenders were illegally excavating sand and filling it in the trailer and were thus committing offences punishable under sections 27, 29, 39(d) and 51 of the Wild Life Protection Act, 1972, and sections 2, 41 and 52 of the Indian Forest Act, 1927. At that point of time, it was seized by the forest officer and forest crime case No.6784/17 was registered.

(3.) It was the case of the applicant before learned Magistrate that on the date of the incident, on orders of Sarpanch, the tractor was transporting sand belonging to the Gram Panchayat Gopalpur, free of charge, from the premises of the Panchayat to the Hanuman temple, which was under construction. As the tractor suffered mechanical failure, the driver had gone to fetch a mechanic after parking the vehicle by the road side. During that period, the forest officials, without making proper inquiry, seized the vehicle and registered a false offence. It was further submitted that the vehicle had been kept in open, exposed to elements. For want of maintenance and use, is liable to rot and rendered useless. Therefore, it was prayed that the vehicle be released in interim custody of the applicant.