GANG RANGER Vs. SHRI RAM LAKHAN SINGH

JUDGEMENT

(1.) Petitioner/State taking exception to the order passed by the Additional Sessions Judge, Ambah, District Morena in Revision Petition No. 250/2009 dated 12/8/2010 has filed the instant writ petition under Article 227 of the Constitution of India.

(2.) Facts relevant and necessary for disposal of this writ petition are to the effect that a tractor bearing registration No. MP-06/JA- 4182 having been found carrying the sand in the prohibited forest area was seized on 20/9/2009. The intimation thereof was duly sent to the Court of Judicial Magistrate First Class on the same day. The owner of the tractor; respondent, had filed an application before the JMFC for release of the tractor on Supurdaginama. The application was rejected vide order dated 9/11/2009. Being aggrieved thereby, the revision petition was filed. The revisional Court has set aside the order passed by the JMFC and ordered for release of the vehicle on Supurdaginama exercising the powers under Sections 451 and 457 of Cr.P.C.

(3.) Learned counsel for petitioner/State has raised preliminary jurisdictional issue related to the competence and authority of the revisional Court for release of the seized vehicle in the teeth of the intimation being forwarded on 20/9/2009 to the JMFC and the bar of the jurisdiction as contained under Section 52C of the Indian Forest Act (MP amendment). For ready reference the same is reproduced below:-