BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor for the State.

(2.) The brief facts of the case are that FIR No.194/2010 was registered at Police Station Dungargarh , District Bikaner with the allegation that on 31.05.2010 a pickup bearing No.HP-31-B-0329 was found to be carrying Shisham wood and the said material was being transported in contravention of the Forest Act constituting an offence under section 41-42 of the Forest Act. The vehicle was being driven by one Shravan Kumar, the vehicle and the produce were seized. An application under section 457 Cr.P.C. was moved before the learned trial court which was dismissed vide order dated 10.06.2010. Against the said order, a revision petition was filed, which came to be decided vide order dated 19.04.2011 whereby the learned revisional court imposed a condition of obtaining permit from competent authority, as a precondition for release of seized material. Being aggrieved by the order of the revisional court, dated 19.04.2011, the petitioner has preferred this criminal misc. petition.

(3.) Counsel for the petitioner contended that the order of the revisional court regarding the fact that it has imposed the condition to obtain the transit permit before getting the woods on 'supurginama', is illegal because, for the woods which are lying at the police station, no transit permit can be obtained by the petitioner. Therefore , this condition may be deleted from the impugned order. Counsel for the petitioner relied on the judgment of this court in Vikram Singh v. State of Rajasthan, [2007 (3) R.Cr.D.223 (Raj.) in support of his argument.