State of U. P. vs Lalloo Singh - 2007 Supreme(SC) 981

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(SC) 981

State of U. P. – Appellant
Versus
Lalloo Singh – Respondent

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment of a learned Single Judge of the Allahabad High Court allowing the revision petition filed by the respondent. The question of importance involved in this appeal relates to the ambit of Section 50(4) of the Wild Life (Protection) Act, 1972 (in short the ‘Act’). Connected issues relate to the scope for exercise of jurisdiction under Section 457 of the Code of Criminal Procedure, 1973 (in short the ‘Code’).

2.Background facts in a nutshell are as follows :

“One Hoshiyar Singh, the brother of the revisionist, Lalloo Singh was allegedly found carrying sand on a tractor trolley being dug and loaded from the bed of Jamuna river, within the sanctuary declared under Section 18 of the Act. The Forest Authorities intercepted the tractor trolley, arrested Hoshiyar Singh and seized the tractor trolley in exercise of the powers conferred under the provisions of the Act. A revision was filed by Lalloo Singh claiming to be the owner of the tractor trolley. He, therefore, moved an application for release of the same. The VIIth Addl. Chief Judicial Magistrate in exercise of the powers conferred under Section 457 of the Code r