ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to order passed on 07-01-2016 in Crl.R.P.No.23 of 2015 passed by the District and Sessions Judge, Chittoor, and declaring the same as illegal and contrary to law and quash the same and pass such other order or orders as this Court deems fit and proper.

2. The facts leading to filing of this writ petition, briefly stated, are as follows:

The Sub-Inspector of Police, Yadamari P.S booked a forest offence under Section 379 I.P.C. and Sections 32 and 39 of the A.P. Forest Act, 1967 (hereinafter referred to as ‘A.P.F Act’) and other related provisions with the allegation that ten (10 Nos.) of red sander logs and one Mahendra Xylo car bearing No.TN 19 K 5697 were seized and twelve accused persons were arrested while transporting the said red sander logs on 19.11.2014. The accused Nos.2 to 13 were produced before the IV Additional Judicial First Class Magistrate, Chittoor, and then, the case was transferred to the Forest Range Officer, Chittoor, West Range, along with the seized property, i.e., both the red sander logs and the Mahendra vehicle, upon which a case was registered by the F.R.O., Chittoor, as O.R.No.139/2014-2015 under Section 20(i)(c)(iii) of the A.P.F. Act r/w Rule 3 of the A.P. Sandal Wood & Red Sander Wood Transit Rules, 1969 and under Section 58 of the A.P.F Act read with Sections 2 & 3 of the Prevention of Damage to Public Property Act, 1984, Section 2(j) of the Preventive Detention Act, 1950 and other provisions of I.P.C. While so, the respondent herein, claiming himself to be the owner of the aforesaid vehicle, filed a petition in Crl.M.P.No.3891 of 2014 in Crime No.144 of 2014 of Yadamari P.S., before the IV Additional Judicial First Class Magistrate, Chittoor, to grant interim custody of the vehicle to him. The petition was allowed directing the petitioner to execute a bond for Rs.3,00,000/- with one surety for a like amount to the satisfaction of that Court and further that the vehicle should be produced as and when directed by the Court.

3. Aggrieved by the order of the learned Magistrate, the State, represented by the Assistant Conservator of Forests, Palamaner, Chittoor District, filed a revision petition in Crl. Revision Petition No.23 of 2015 against the writ petitioner herein as the respondent No.1 and the State of Andhra Pradesh, represented by the S.I. of Police, Yadamari P.S. as the respondent No.2.

4. The contention of the revision petitioner is that no notice was given to the Forest Department before passing the impugned order and further that there is no jurisdiction to the learned Magistrate to pass the order granting interim custody in view of Section 44(2) of the A.P.F. Act by which the power is vested with the Forest Officer to confiscate the vehicle involved in the commission of the offence under the A.P.F. Act.

5. Then, without going into the grounds raised in the revision on the above aspects, the District & Sessions Judge, by referring the order, dated 07.03.2014, in P. Velu Murugan Vs. The State of Andhra Pradesh, Crl. R.C. No. 1486 of 2013 dated 07.03.2014 of this High Court and another order of this High Court, dated 11.12.2012, in M/s. Amruthavarshini Dairy Farms Pvt. Ltd. Vs. State of Andhra Pradesh, Crl. R.C. No. 2484 of 2012 dated 11.12.2012 relied on by the learned Magistrate, dismissed the revision petition.

6. Aggrieved by the said dismissal order, this writ petition was filed by the Divisional Forest Officer, Chittoor West Division, Chittoor, again contending that as per Section 44(2) of the A.P.F. Act, the impugned order is liable to be set aside as the Magistrate of First Class has no jurisdiction to pass any such order. The writ petitioner referred to the decision of the Supreme Court in District Forest Officer Vs. G.V. Sudhakar Rao and others, (1985) 4 SCC 573 st