JUDGMENT :

Dhananjaya Y. Chandrachud. J.

1. Leave granted in the Special Leave Petitions.

Criminal Appeal No. 524 of 2019 @ SLP (Crl.) No.2001 of 2002:

2. This appeal arises from a judgment of a learned Single Judge of the High Court of Madhya Pradesh at its Gwalior Bench dated 29 July 2011. Allowing a petition under Section 482 of the Code of Criminal Procedure 1973 (CrPC), the High Court set aside a revisional order dated 16 June 2011 of the Additional Sessions Judge, Morena. The Additional Sessions Judge had confirmed an order of the Judicial Magistrate First Class (JMFC), Ambah dismissing an application under Section 451 of the CrPC seeking the release of a tractor and trolley which had been seized for being involved in the illegal excavation of sand from the Chambal river.

3. On 26 March 2011, the Forest Officer apprehended a tractor and trolley belonging to the respondent alleged to have been carrying sand illegally excavated from a restricted area of Dalijeet Pura Ghat at the National Sanctuary, Chambal without permission and in the absence of a transit pass. The tractor and