FARUKH S/O FAZUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Cr.P.C. challenging the order dated 30.1.2017 passed by Judicial Magistrate, First Class, Bhiwari, District Alwar rejecting the application for supurdgi of Tractor bearing registration No.RJ-02- RC-1350 and drill machine in FIR No.246/2013 registered at Police Station Chopnki, District Alwar for offence under Sections 41 and 42 of Rajasthan Forest Act, 1953 (for short, "the Act of 1953") and Section 3 of PDPP Act.

(2.) Learned counsel for the petitioner has contended that learned trial Court has wrongly rejected the application filed for supurdgi of Tractor bearing registration No.RJ-02-RC-1350 and drill machine, despite the fact that the proceedings under Section 55 of the Act of 1953 for confiscation of these articles had already been dropped by the Authorised Officer vide its order dated 18.1.2017. Thus, the bar to jurisdiction of the trial Court provided under Section 52-C of the Act of 1953 was not applicable.

(3.) Learned counsel for the petitioner further submitted that in view of the aforesaid facts, petitioner is entitled for the custody of the Tractor bearing registration No.RJ-02-RC-1350 along with drill machine. There is no other claimant. No useful purpose will be served in keeping the vehicle in police custody. It may deteriorate its condition, which will be a national wastage. He has placed reliance upon the law laid down in the case of Sunderbhai Ambala Deasi Vs. State of Gujarat, 2003 AIR(SC) 638.