AMRIT LAL SUTHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner against the order dated 15.4.2015 passed by the learned Additional Chief Judicial Magistrate, Badi Sadri (Chittorgarh) whereby the application filed by the petitioner under Sec. 451 Crimial P.C. for releasing his vehicle No.RJ09-R- 4634 on supardaginama was rejected.

(2.) Learned counsel for the petitioner submits that the restriction/prohibition of Sec. 53 of the Forest Act does not apply to this case because the seizure was not made by a forest officer. He further urged that this Court has stayed further proceedings of the F.I.R. in question in SB Crl. Misc. Petition No.777/2014 vide order dated 3.4.2015 because no cognisable offence is disclosed but despite that the police has registered the FIR. He thus prays that the vehicle in question deserves to be released on supardginama to the petitioner.

(3.) Learned Public Prosecutor has opposed the arguments advanced by the learned counsel for the petitioner.