DEVINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Order Present petition is filed under Sec. 482 of Code of Criminal Procedure against order dated 11.09.2015 passed by learned Judicial Magistrate 1st Class Chopal District Shimla H.P. Brief facts of the case

(2.) It is alleged that in vehicle No. HP-64-4676 forest produce i.e. Deodar oil (Cedar wood oil) was transported illegally and vehicle carrying Deodar oil (Cedar wood oil) took into 1 possession by way of seizure and FIR No. 18 of 2015 dated 26.4.2015 registered under Sec. 379 Penal Code and under Sections 41 and 42 of Indian Forest Act 1927. Owner of vehicle namely Devinder Singh filed application for release of vehicle before learned Judicial Magistrate Chopal and learned Judicial Magistrate dismissed the application on the ground that he has no jurisdiction to release the vehicle seized under Indian Forest Act 1927 in view of bar of jurisdiction under amended Sec. 59 (B) of H.P. Government.

(3.) Court heard learned Advocate appearing on behalf of petitioner and learned Deputy Advocate General appearing on behalf of State and also perused the record carefully.