PANKAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this present petition under Section 482 of Cr.P.C. to quash the order dated 11.08.2018 passed by 3rd Additional Sessions Judge, Sidhi, in which trial Court has affirmed the order passed by Judicial Magistrate First Class, Sidhi, whereby the Judicial Magistrate First Class, Sidhi has rejected the application of supurdaginama of seized vehicle Tata Motor 407 bearing registration No. MP-53-GA-2380 in Crime No. 837/2017.

(2.) According to prosecution, Station In-charge Jamodi, R.P. Tripathi (Sub Inspector) received information on 11.10.2017 M.Cr.C. No. 35586/2018 that petitioner with his driver were transporting sand by aforesaid vehicle from the forest area Songhadiyal. He reached the spot with police officials and he saw that the sand was being taken from prohibited forest area. Vehicle was loaded with sand. Petitioner-accused and driver ran away on seeing the police officials, thereafter vehicle was seized. Information was given to the Forest Department after that Forest Range Officers Songhadiyal has given intimation to the magistrate to initiate the confiscation proceeding in respect of the seized vehicle.

(3.) It is submitted by the petitioner that he is the owner of the vehicle in question which is Tata Motor 407 bearing registration No. MP-53-GA-23809, which has been illegally seized by respondent on 11.10.2017 at that time seized vehicle was parked in front of the house of the petitioner. This vehicle was seized by the respondent on 11.10.2017 and alleging therein that the vehicle was involved in illegal transportation of sand and FIR was registered against the petitioner under Sections 379, 414 r/w Section 34 of IPC, 4 and 21 of Mines and Mineral Act, 3 and 4 M.Cr.C. No. 35586/2018 Public Representation Act, Section 15 of Paryawaran Sarakchan Adhiniyam and 2, 41 and 52 of Indian Forest Act, 1927 and 27, 29, 39 (d) and 51 wild life Act.