HARUN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners claim themselves to be the owners of vehicles which have been seized either by a Forest Officer or a Police Officer not below the rank of a head constable on a reason to believe that forest offence under the Rajasthan Forest Act, 1953 has been committed. Also since forest offence has been registered against the persons alleged to have committed the same, they are being prosecuted before the Magistrate having jurisdiction to try such forest offence. The petitioners applied for interim release of their vehicles before the Magistrate under Section 451 of the Code of Criminal Procedure, but their applications have been rejected on the ground that no Court had jurisdiction to order for such interim release in view of bar under Section 52C of the Rajasthan Forest Act, 1953. Aggrieved, the petitioners have approached this High Court under Section 482 of the Code of Criminal Procedure for interim release of their vehicles. The learned Single Judge was however of the opinion that decisions of the Supreme Court in State (NCT of DelhI) Vs. Narender, 2014 13 SCC 100, State of Madhya Pradesh Vs. Madhukar Rao, 2008 14 SCC 624 and Principal Chief Conservator of Forests Vs. J.K. Johnson, 2011 10 SCC 794, have led to diametrically opposed enunciation of law. He has, therefore, framed a question of law, to be answered by a Larger Bench. This is how the matter has been placed before us. And the question of law framed is as follows:-

(2.) The Rajasthan Forest Act, 1953 (in short, 'the Act') is a special statute enacted for the purposes of preserving the forest and forest produce in the State. For proper consideration of the question raised, it is necessary to refer some of the relevant Sections of the Act.

(3.) According to Section 2(3) of the Act, forest offence means an offence punishable under the Act or any other rule framed thereunder and under Section 67 of the Act, forest offence is triable by a Chief Judicial Magistrate or any Metropolitan Magistrate or any Magistrate of First Class specially empowered by the High Court in a summarily manner.