BHOOPENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this petition under section 482 of the Crimial P.C. 1973 for quashment of the order dated 24.09.2018 passed by 2nd Additional Session Judge, Sidhi Link Court Rampur Naikin, District Sidhi in Criminal Revision No. 160/2018 whereby revision filed by the applicant has been dismissed by affirming the order dated 31.08.2018 passed by learned Judicial Magistrate First Class thereby dismissed the application filed by the applicant under section 457 and 451 of Crimial P.C. 1973 praying for interim custody of the vehicle seized in Crime No. 337/2018 registered at Police Station Rampur Naikin.

(2.) Brief facts of the case are that the vehicle was seized in connection with Crime No. 337/2018, registered at Police Station-Rampur Naikin for the offence punishable under Sections 379 and 414 read with Sec. 34 of Penal Code as well as Sec. 4 and 21 of the Mines and Minerals Act, 1957 and under section 27, 29 and 51 of the Wild Life Protection Act, 1972 and section 41 and 52 of the Indian Forest Act, 1927. As per the case diary, driver of the vehicle was carrying sand excavated from the notified area of Son Ghadiyal Project reserved for protection of scheduled animal Ghadiyal. While asking about the permit for transporting sand, driver was not in a position to show any permit for transporting the sand. Registration number of the vehicle was not showing on vehicle. The applicant submitted an application under section 451 and 457 of the Cr.P.C , 1973for taking interim custody of the vehicle. Learned Judicial Magistrate First Class, vide order dated 31.08.2018 dismissed the said application. Against that order, the applicant preferred a revision registered as Cr.R. No. 160/2018. Learned revisional Court dismissed the said revision vide order dated 24.09.2018. Being aggrieved by that order, the applicant preferred this petition under section 482 of the Crimial P.C. 1973

(3.) Learned counsel for the applicant submits that neither mining department nor forest department seized the vehicle and nor confiscation proceeding has been initiated by both the departments against the vehicle No. MP53HA1847. NOC was issued by both department, in spite of that, learned Magistrate as well as revisional Court erred in dismissing the application for interim custody. Learned counsel for the applicant has placed reliance on the decision of the Honourable Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, (2002) 10 SCC 290