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Madhya Pradesh High Court · body

2014 DIGILAW 635 (MP)

Jagat Bahadur Singh v. State of M. P.

2014-06-12

K.K.TRIVEDI

body2014
ORDER : 1. I.A. No. 10634/2014, an application for urgent hearing, is considered and allowed. 2. With the consent of learned counsel for the parties, the matter is heard finally. 3. It is contended by the learned counsel for the applicant that his vehicle i.e. Truck Number MP-19-GA-0352 is seized in an offence under section 50(4) of the Wild Life Protection Act, 1972. The application made for temporary custody of the vehicle was rejected. The revision was filed, which too was rejected. Therefore, this application is filed. 4. It is contended that the court below has not properly considered the fact that even if interim custody of the vehicle is given to the applicant, no prejudice to the trial of the case would be caused and in case offence is made out, the vehicle can be confiscated. For the said purposes, the applicant would be duty bound to produce the vehicle before the competent authority. 5. Keeping in view the aforesaid, this application is allowed. The impugned order dated 25-3-2014 passed in Criminal Revision No. 27/2014 is set aside. The vehicle belonging to applicant bearing registration number MP-19-GA-0352 is directed to be released on interim custody on applicant's furnishing a supradnama in the sum of Rs. 15 lakhs with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Sidhi, till final conclusion of the criminal case arising out of Forest Crime No. 6831/25 and till final disposal of the confiscation proceedings pending before the Forest Department, if any, on the following terms and conditions: “(1) The applicant will not transfer, sale, alienate or create any third party interest with respect to offending vehicle i.e. Ashok Leyland 1630 bearing Registration No. MP-19-GA-0352. (2) The applicant will not change the colour of offending vehicle i.e. Ashok Leyland 1630 bearing Registration No. MP-19-GA-0352. (3) The applicant shall produce the offending vehicle i.e. Ashok Leyland 1630 bearing Registration No. MP-19-GA-0352 as and when required by the trial Court during trial till the disposal of criminal case arising out of Forest Crime No. 6831/25 as well as by the confiscating authority till the final disposal of confiscation proceedings pending in the Forest Department, if any.” 6. With the aforesaid, this M. Cr. C. stands disposed of. 7. Certified copy as per rules.