BABULAL LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner by Shri Masood Ali. He is heard.

(2.) The petitioner claims to be the owner of a tractor and a trolley which were seized by a Range Officer in exercise of powers conferred by the Wild Life (Protection) Act, 1972. The petitioner made an application before the Judicial Magistrate Sagar purporting to be under S.457 of the Cr. P. Code for the release of the said tractor and trolley. This application was dismissed by the Judicial Magistrate on 10-1-1987. Aggrieved by that order, the petitioner has instituted this writ petition with a prayer for quashing the aforesaid order dated 10-1-1987 and for direction to the respondents to release the tractor and the trolley.

(3.) Having heard counsel for the petitioner, we are of the opinion that the application which was made by the petitioner before the Judicial Magistrate under S.457 of Cr. P. C. was not maintainable and the Magistrate did not have any jurisdiction to entertain the said application which was clearly misconceived and the same having been dismissed, no case for any interference under Art. 226 of the Constitution has been made out.