ASHOKE KUMAR RANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY consent of the parties, we proceed to decide the application for stay filed in Court on 29 -31996 and the appeal. The appeal is treated as on day's list dispensing with the filing of paper books and other formalities as required to be observed under the Rules of this Court.

(2.) THE learned Single Judge while passing order dated 8 -9 -1995 under appeal dismissed the writ application of the appellant relating to refusal on the part of the Sub -Divisional Judicial Magistrate to deal with the question of releasing the vehicle allegedly involved in the commission of the offence.

(3.) THE learned counsel appearing for the respondents has submitted that the Magistrate was justified in not entertaining the application for release of the vehicle because in terms of the provision of the Indian Forest Act. 1927 as amended by the West Bengal Amended Act. 1988 the Magistrate did not have any jurisdiction if the vehicle in question was involved in the commission of an offence relating to forest produce.