JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Cr.P.C. has been filed against the order dated 12.10.2010 passed by the learned Additional Sessions Judge, No. 1, Jaipur District, Jaipur in revision no. 07/11 confirming the order dated 2.7.2011 passed by the learned Judicial Magistrate, No. 5, Jaipur District Jaipur. Brief facts of the case are that the Police has seized tractor no. RJ 14 RA 9643 along with trolly belonging to the petitioner which was carrying green trees. A case was registered under section 26 of the Rajasthan Forest Act, 1953 and Sections 2, 27, 29, 31, 32 and 39 of Wild Life (Conservation) Act, 1972.

(2.) Thereafter, the petitioner moved an application before the learned trial court which has been dismissed by the order dated 2.7.2011 considering the judgment of Madhya Pradesh High Court in the case of State of Madhya Pradesh vs. Syed Yahya Ali, 1995 MPLJ 791. Thereafter, the petitioner has filed a revision petitioner and same has also been dismissed by the revisional court vide order dated 12.10.2011.

(3.) In view of his submissions, learned counsel for the petitioner has placed reliance on the judgment of Hon'ble Supreme Court in the case of State of Madhya Pradesh & Ors. vs. Madhukar Rao, 2008 14 SCC 624 specifically para no. 23 which is reproduced as under: