Ganga Ram v. State of Rajasthan through Public Prosecutor
2005-01-05
F.C.BANSAL
body2005
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the petitioner, learned Public Prosecutor and have also perused the impugned order. 2. It is contended by the learned counsel for the petitioner that tractor with trolly, found transporting neemwood, was seized by the police. Neemwood is not forest produce, therefore, citations relied upon by the learned Additional Sessions Judge No. 2, Bayana are not applicable in the instant case. Therefore, the petition be allowed. Learned counsel has placed reliance on Ram Vilas v. State of Rajasthan, 2004(1) RCC 358 . 3. Learned Public Prosecutor has opposed the petition. 4. In view of the fact that neemwood was being transported in the tractor trolly and after having gone through the following judgments, I am inclined to allow this petition under Section 482 Cr.PC. : 1. State of Karnataka v. K. Krishnan, AIR 2000 SC 2729 2. State of Karnataka v. K.A. Kunchindammed, AIR 2002(1) Suppl. SC 1875 . 3. Section Forestorand Anr. v. Mansur Ali Khan, 2004(1) Crimes 23 (SC) . 4. Ram Vilas v. State of Rajasthan, 2004(1) RCC 358 Consequently, the petition is allowed. The order dated 27.8.2004 passed by the Civil Judge (JD) and Judicial Magistrate, Rupwas and the order dated 7.10.2004 passed by the Additional Sessions Judge No. 2, Bayana are set aside. The trial court is directed to release the tractor and trolly to the registered owners on supurdgi after taking supurdginama with solvent security of appropriate amount. Petition allowed. *******