LAWS(MPH)-2017-10-52

GANESH Vs. THE STATE OF MADHYA PRADESH

Decided On October 27, 2017
GANESH Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been ?led by the applicant being aggrieved by the impugned order dated 21.10.2017 passed by learned First Addl. Sessions Judge, Dindori, in Criminal Revision no.2/2017 con?rming the order dated 31.1.2017 passed by the learned C.J.M., Dindori, in Crime No./P.O.R.No.499/2007 registered for the o?ence punishable under Sections 2, 9, 39, 50, 51 and 52 of the Wild Life Protection Act, whereby the application ?led under Section 451 read with section 457 of the Cr.P.C. for releasing the seized vehicle Maruti alto Car bearing registration No.MP52-CA-0492 on his interim custody has been rejected.

(2.) The facts, in short, are that Police of Forest Circle Bajag, District Dindori registered Crime No./P.O.R.No.499/2007 for the o?ence punishable under Sections 2 , 9 , 39 , 50 , 51 and 52 of the Wild Life Protection Act against the applicant and seized the vehicle Maruti alto Car bearing registration No.MP52-CA-0492 belonging to the applicant for illegally transporting/carrying skin of leopard and one gun from the restricted forest area without any legal authority with the intention of illegal sale.

(3.) The applicant being registered owner of the seized vehicle ?led an application under section 451 read with section 457 of the Cr.P.C. before the learned JMFC, Dindori, District Dindori for getting the seized vehicle on interim custody / Supurdgi which was rejected by the learned Magistrate vide order dated 31.8.2017, against which, revision was preferred which was also rejected vide impugned order dated 21.2.2017. Hence, this petition has been ?led.