KANHAIYALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under S.401 of the Code of Criminal Procedure 1973 (for short 'the Code') is directed against order dated 2-5-85 passed by the Judicial Magistrate First Class Sendhwa, District West Nimar in Criminal Case No. 63 of 1985 whereby the petitioner's application under S.451 of the Code for interim custody of the seized truck has been rejected.

(2.) For the purposes of the present petition, it is not in dispute that the logs of teak wood specified forest produce within the meaning of S.2(1) of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam 1969 (for short 'the State Act') were found in the truck in question. The truck was seized by the Forest Officer who, as provided by S.52 (4) as substituted by M.P. Amendments in the Indian Forest Act 1927 (for short 'the Central Act') has informed the Magistrate having jurisdiction about the initiation of the proceedings for its confiscation.

(3.) The circumstances giving rise to the petition are these : The truck in question bearing registration No. MHB 5995 belongs to the petitioner. It has been seized by the Forest Officer on 24-2-1985 in connection with offences under Ss. 26 and 42 of the Central Act and also those under the State Act. The applicant moved the learned Magistrate by an application under S.451 of the Code for interim custody of the truck on Supratnama. The application was opposed by the non-applicant on various grounds. One of the grounds was that in the circumstances of the case, in view of the provisions embodied in S.52-C inserted in the Central Act by M.P. amendment, the jurisdiction of the learned Magistrate with regard to the disposal of the property stands ousted.