ATIBAI Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONERS by Shri P. S. Bhadoriya, Advocate. Respondent/state by Shri B. D. Mahore, P. P. with Shri M. L. Gupta, Range Officer. This petition is for impugning the order dated 27-6-2007 passed by ASJ, sabalgarh in Criminal Revision No. 100/07 by which the learned Judge has affirmed an order dated 14-6-2007 passed by JMFC, Sabalgarh in Criminal Case no. 296/07 whereby the learned Magistrate has rejected an application filed on behalf of the petitioners under section 451/457 of Criminal Procedure Code for handing over Tractor No. MP06 JA/3236 to them on supurdgi with a trolley (hereinafter referred to as vehicle) seized by a Forest Officer for the offence punishable under sections 27, 29, 32, 39 (1) (d), 50 and 51 of Wild Life (Protection) Act, 1972 (hereinafter referred to as the Act ).

(2.) FACTS as argued and as appeared from perusal of the copies of the relevant documents filed on behalf of the petitioners, in brief are, that on 5-3-2007 at about 4:00 am (in the morning) during checking by a flying squad of forest Officers one Harprasad Rawat was found carrying sand freshly dug out from Chambal river, an area declared as a sanctuary under section 18 of the Act, with spade and pick-axe (favada and gainti) without permission. The vehicle was seized by one Bhagwat Singh Jadon Game Guard (Forest Guard), Game Range, sabalgarh. Panchanama and seizure memo was prepared, Forest Crime No. 30/2006-07 was registered. Accused Harprasad was arrested on the spot. On 12-6-2007 complaint was filed against Harprasad alleging therein that by the said act of the accused natural habitat and eggs of wild life including tortoise, crocodile and gangage-crocodile (ghadial) are damaged. By such acts the number of wild life in the sanctuary is becoming less day by day. The area from which the sand was dug out was a prohibited area for entry without permission.

(3.) AFTER filing of the complaint, application was filed by the petitioners for handing over the vehicle in their supurdgi, as the vehicle has been registered in the name of Late Shri Bhagwanlal Rawat and the petitioners are his heirs. Vide aforementioned orders considering fact that by the alleged act the eggs and infants of the wild life were damaged, the application has been rejected by both the Courts below, as aforesaid.