STATE Vs. GIRRAJ PRASAD

JUDGEMENT

(1.) This Criminal Revision petition has been filed against the order-dated 27th of August 2001 passed by the Additional Sessions Judge, No. 2, Bharatpur in Criminal Revision Petition No. 4/2001 filed against the order-dated 15.12.2000 passed by Additional Chief Judicial Magistrate, No. 3, Bharatpur whereby order of release of the forest produce, Silica Sand seized by the forest authorities.

(2.) The brief facts of the case are as under:

(3.) The learned Public Prosecutor who is appearing on behalf of the petitioner (State of Rajasthan) is contended that both the courts below have committed an illegality by passing their orders. Neither the Additional Chief Judicial Magistrate nor Additional Sessions Judge has appreciated that the seizure in question was made by the forest authorities under the powers conferred upon them by virtue of Section 52 of the Rajasthan Forest Act. He has further contended that the judgment of the court below is contrary to the provisions of law. Hence, the judgment of both the courts below be quashed and set aside.