JUDGMENT 1. - By the instant revision petition, the petitioner has assailed the order dated 18.3.2006 passed by Judicial Magistrate No. 2, Bhilwara. 2. I have heard learned counsel for the parties. 3. The truck bearing No. RJ-06-G 1363 owned by the petitioner was seized by the police in F.I.R. Case No. 56/2006 Police Station, Sadar, Bhilwara for the offences under Sections 41 and 42 of the Rajasthan Forest Act, 1953 (for short the Forest Act' hereinafter). Prior to the seizure, the said truck was intercepted by the officials of the forest department while it was transporting the forest produce. The officials of the forest department, exercising the power under Section 68 of the Forest Act, compounded the offences and a sum of Rs. 22,000/- was realised from the petitioner vide Book No. 130 and receipt No. 16 dated 8.3.2006. After having got the offences compounded, when the petitioner's truck was plying to its destination, it was seized by the police and a fresh case was registered for the same offence. 4. Learned counsel for the petitioner submits that by paying a sum of Rs. 22,000/-, the petitioner got the offences compounded, which the forest officer is competent under Section 68 of the Forest Act and therefore, after offence having been compounded by competent officer, for the very cause, petitioner cannot be prosecuted. 5. Section 68 of the Forest Act reads as under: 68. Power to compound offences.-(1) The (State Government) may, by notification in the (Official Gazette) empower a Forest Officer (a) to accept from any person against, whom a reasonable suspicion exists that he has committed any forest offence, other than an offence specified in Section 62 or Section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and (b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer. (2) On the payment of such sum of money or such value or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released and no further proceedings shall be taken against such person or property.
(2) On the payment of such sum of money or such value or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released and no further proceedings shall be taken against such person or property. (3) A Forest Officer shall not be empowered under this Section unless he is a Forest Officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees." 6. Keeping in view the provisions of Section 68 of the Forest Act, it appears that the Forest Officer has compounded the offences by realising a sum of Rs. 22,000/- from the petitioner vide the receipt noticed above. In the circumstances, therefore, after having been compounded the offences by the Forest Officer, the petitioner is entitled to the subject matter of the offence as also the vehicle in question. 7. Consequently, the revision petition is allowed. The order impugned dated 18.3.2006 passed by Judicial Magistrate, No. 2, Bhilwara is set aside and it is directed that the truck No. RJ 06-G-1363 be released in favour of the petitioner during pendency of the case provided the petitioner furnishes a personal bond in the sum of Rs. 3,00,000/- with one surety of like amount to the satisfaction of the trial Court to keep the truck in question in the same condition and during the pendency of the case shall not alienate or transfer and shall produce the same before the trial Court when called upon to do so.Revision allowed. *******