SHRI NIWAS DUBEY Vs. STATE OF MP

JUDGEMENT

(1.) This application under Section 482 of CrPC has been filed against the order dated 26/10/2017 passed by ASJ, Karera, District Shivpuri in Criminal Revision No.143/2017 by which the order dated 20/09/2017 passed by JMFC, Karera, District Shivpuri in POR No.73/2011 has been affirmed.

(2.) The necessary facts for the disposal of the present application in short are that the tractor of the applicant bearing Engine No.4100EL73D631311F16 and Chassis No.GZUDT 637130S3 was found illegally transporting the sand and accordingly, the tractor was seized and offence under Sections 2 / 12 , 18 , 27 , 29 , 39(d) , 50 and 51 of Wild Life (Protection) Act was registered. The investigation is still pending and the applicant filed an application under Sections 451 and 457 of CrPC for release of tractor on Supurdignama. The Magistrate by order dated 20/09/2017 rejected the application. The copy of the order of the Magistrate has not been placed on record. Being aggrieved by the order dated 20/09/2017, passed by JMFC, Karera, District Shivpuri, the applicant filed a criminal revision which has been dismissed by order dated 26/10/2017 passed in Criminal Revision No.143/2017.

(3.) Challenging the orders passed by the Courts below, it is submitted by the counsel for the applicant that the guilt of the applicant has not been established in the trial and until and unless a person is held guilty for committing the offence, the vehicle cannot be confiscated. It is further submitted that in fact, the applicant has been falsely implicated and his tractor was not transporting the sand illegally.