CHUANA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against the order dated 16.4.2005 passed by the S.D.J.M., Kendrapara in 2(b) CC No. 14 of 2004 wherein he rejected the petition of the petitioner, Chuana Parida filed under Section 457 of the Cr.P.C. for interim release of the gillnetor bearing registration No. O.C.T. (G) 5006 after the name MAA BAJAR BUDHI in his favour.

(2.) SHORN of all unnecessary details, the facts leading to filing of this revision is that on 9.12.2004, Jayanta Patnaik the Forstor of Batighar section seized the aforesaid gillnetor from accused Arkhita Behera and Rabi Parida on the allegation that they were catching fish inside Gahirmatha Marine without being backed by any authority for the same. After completion of investigation the Forestor submitted prosecution Report under Section 51(1) of the Wild Life Protection Act ('the Act hereinafter) against the aforesaid two accused persons and Chuana Parida the petitioner before Court below. While the case is subjudiced before the S.D.J.M., Kendrapara, Chuana Parida, the petitioner No. 1 claiming himself to be the owner of the gillnetor filed a petition under Section 457 Cr.P.C. for interim release of the same in his favour.

(3.) SECTION 51(2) of the Act reads as follows : (2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any captive animal, wild animal, animal article, trophy, (uncured trophy, meat, ivory imported into India or an article made from such ivory, any specified plant, or part or derivative thereof) in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled.