B. P. JEEVAN REDDY, J.

( 1 ) THE Forest Range Officer, Mahaboobnagar seized a motor car bearing MYW No. 7005 while it was smuggling sandal wood and produced the same before the Divisional Forest Officer, Mahaboobnagar for taking proceedings under Section 44 (2-A) of the Andhra pradesh Forest Act. The accused were, however, produced before the Munsif Magistrate for remand and for being proceeded against under Section 44 (2) of the Act.

( 2 ) THE 1st respondent herein, claiming to be the owner of the motor car, filed M. P. No, 532 of 1977 before the Court of Munsif magistrate for release of the car. The learned Magistrate ordered the release of the car on 10-8-1977 on furnishing a bond for Rs, 10. 000/- with two sureties. Against the said order, the Forest Department filed a Criminal R. C. No. 16 of 1977 before the learned Sessions Judge. Mahaboobnagar contending that since the car was not produced before the Court, which was indeed produced before the Divisional Forest Officer, Mahaboobnagar an authority of competent jurisdiction, the learned Magistrate had no power to pass any orders of release with respect to the said car. The learned Sessions judge, however, over-ruled the said co

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