JUDGMENT 1. - This present criminal misc. petition filed under Section 482 Cr.RC. is directed against the order dated 19.11.2001 passed by Judicial Magistrate 1st Class, Behror, District Alwar in FIR No. 195/2001 at Police Station Shahjahanpur, District Alwar for the offence under Section 41 and 42 Rajasthan Forest Act whereby the learned Judicial Magistrate 1st Class, Behror, Alwar dismissed the application filed by the petitioner under Section 451 Cr.RC. 2. Learned counsel for the petitioner submits that the petitioner having a valid licence for running a sawing machine and also having registration for business of sawing machine, on 7.11.2001, petitioner transported firewood 85 Qtl. for the cost of Rs. 6,800/- and loading charges of the same was charged as Rs. 300/- in Truck No. HR-47-4880. The Authority of Police Station Shahjahanpur seized the same truck and registered the FIR No. 195/2001 for the offence under Section 41 and 42 of Rajasthan Forest Act. Learned counsel for the petitioner has filed a copy of the notification dated 19.1.1991 whereby the wood of Sapheda, Su-babool, Hardu, Vilayti Babool, Isrealy Babool, Desi Babool and Shisham were exempted from transportation. Learned counsel further submits that he has written in para 4 of the petition that for offences of provisions of Forest Act, the Home Department has issued the instructions to the Director General of Police, Rajasthan Jaipur for not checking the vehicles by the police in Municipal Limits, vide letter dated 25.8.1986 and only the concerned department (Forest Department) will take action. It is further submitted that the petitioner is having a valid permit, but this fact was totally ignored by the trial Court and despite of the fact only observed that trial Court is unable to exempt the vehicle alongwith goods (wood) at this stage in view of the judgment of Hon'ble Supreme Court. 3. Both the counsel are agreed to dispose of the matter at this stage. 4. Learned counsel for the petitioner placed reliance on the judgment reported in 2001 RCC 97 in case of sultan Khan v. State of Rajasthan wherein this High Court has held that the articles seized will become Government property only after it is proved by the prosecution that such seized articles/instruments etc. had actually been used in commission of the crime. Learned counsel for the petitioner placed reliance on the judgment reported in 2001 RCC 97 in case of sultan Khan v. State of Rajasthan wherein this High Court has held that the articles seized will become Government property only after it is proved by the prosecution that such seized articles/instruments etc. had actually been used in commission of the crime. In Para 2 & 4 of the judgment the High Court further held that Judicial Magistrate declined to release Jeep taken into possession by the regional Forest Officer on the suspicion of its involvement in the offence, holding that it is Government property. 5. I have carefully gone through the judgment cited before me and the order dated 19.11.2001 passed by the trial court and in view of the principles laid down by this Court in various judgments, I deem it appropriate to direct the trial court to release the Truck No. HR-47-4880 after taking appropriate security amount. 6. With these observations, the misc. petition stands disposed off *******