BAIJNATH PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Section 482 of the Code of Criminal Procedure filed on behalf of petitioner Baijnath Pandey. It is directed against order dated 16.03.2018 passed by the Court of Second Additional Sessions Judge, Sidhi, Link Court at Rampur Naikin, in criminal revision no.20/2018 whereby, the order dated 06.01.2018 passed by the Court of Judicial Magistrate First Class, Rampur Naikin, dismissing the application for releasing the seized tractor and trailer in temporary custody of the petitioner, was affirmed.

(2.) The facts giving rise to this miscellaneous criminal case may be summarized as hereunder. On 012017, on an information received from an informant, Head Constable of P.S. Rampur Naikin intercepted a Red Mahindra Tractor No.MP 53 AA 5188. At that time, accused persons Jagmohan Kol and Vidyakant kol were excavating sand from the prohibited area of Sone Gharial Game Reserve, Sidhi and filling the same in the trailer. Jagmohan managed to escape from the spot but Vidyakant was caught along with tractor and trailer, which was loaded with sand. Vidyakant disclosed that he had no permit for excavation of sand issued by a Competent Authority. Consequently, P.S. Rampur Naikin registered offence no.490/2017 under Sections 379, 419 read with section 34 of the IPC and Mineral (Development and Regulation) Act, 1957 and Sections 4, 21 of Wild Life Protection Act, 1972, Sections 27, 29, 39 and 51 of Indian Forest Act, 1927, Sections 41 & 52 of Madhya Pradesh Minor Mineral Rules 1996 and Section 53 (1) (3) (5) of Madhya Pradesh Minor Mineral Rules 1996 and Sections 146 read with section 196 and 77 read with section 177 of the Motor Vehicle Act, 1988 and tractor. The tractor and trailer loaded with sand were seized.

(3.) Learned counsel for the petitioner submits that no action has been taken by Forest Authorities for confiscation of tractor and trailer. No illegal sand was being transported by the tractor and trailer. It has further been submitted that the petitioner is registered owner of the tractor and trailer. He has also filed documents to show that no offence has been registered by Forest Range, Sone Gharial Game Reserve in respect of the tractor and trailer in question and no offence has previously been registered against the present petitioner for illegal transportation of minerals; therefore, the Courts below erred in dismissing the application of the petitioner for releasing the tractor and trailer in temporary custody of the petitioner.