JUDGMENT : Sandeep Mehta, J. The instant misc. petition has been filed by the petitioner against the order dated 15.4.2015 passed by the learned Additional Chief Judicial Magistrate, Badi Sadri (Chittorgarh) whereby the application filed by the petitioner under Section 451 Cr.P.C. for releasing his vehicle No.RJ09-R- 4634 on supardaginama was rejected. 2. Learned counsel for the petitioner submits that the restriction/prohibition of Section 53 of the Forest Act does not apply to this case because the seizure was not made by a forest officer. He further urged that this Court has stayed further proceedings of the F.I.R. in question in SB Crl. Misc. Petition No. 777/2014 vide order dated 3.4.2015 because no cognisable offence is disclosed but despite that the police has registered the FIR. He thus prays that the vehicle in question deserves to be released on supardginama to the petitioner. 3. Learned Public Prosecutor has opposed the arguments advanced by the learned counsel for the petitioner. 4. Having regard to the facts and circumstances of the case and considering the fact that the seizure in this case was effected by the police officer and as further investigation of the FIR registered against the petitioner has been stayed by this Court, this Court is of the opinion that the vehicle in question deserves to be released to the petitioner on supardginama. 5. Accordingly, the misc. petition succeeds and is allowed. The impugned order dated 15.4.2015 passed by the learned Additional Chief Judicial Magistrate, Badi Sadri (Chittorgarh) is hereby quashed and the vehicle No. RJ09-R- 4634 is directed to be released in interim custody to the petitioner on the usual terms and conditions upon his submitting a supardginama and one surety bond to the satisfaction of the learned Additional Chief Judicial Magistrate, Badi Sadri (Chittorgarh). The amount of supardginama and surety bond shall be decided by the learned trial Court. Stay petition also stands disposed of. Petition allowed.