JUDGMENT - P.V. HARDAS, J.:---The present petition has been filed by the State of Maharashtra through the Assistant Wild Life Warden and Range Forest Officer, Ramtek, assailing before is the order dated 18-5-1998 passed by the Judicial Magistrate, First Class, Ramtek, on an application moved by the present respondent under section 457 of the Code of Criminal Procedure seeking release of the motor vehicle bearing Registration No. MH-31-G-6648 on Supratnama. A reference to the facts relating to the passing of this order is necessary.

2. Within Ramtek range under the jurisdiction of the Assistant Wild Life Warden, Ramtek, village Kachurwahi is situated. This village being in the interior part, is not easily accessible and a bridge over the canal has to be crossed for reaching it. Electric Water Pumps have been installed by the villagers for lifting water from the canal for irrigation.

3. In April 1998 there were series of thefts of electric motor pump sets and the villagers had become alert and were maintaining a vigil. On the night of 19th April, 1998, the present respondent, who is original accused No. 3, the other accused involved in the crime, had gone to the said village Kachurwa

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