JUDGMENT

A.S. Naidu J. — The order dated 28.1.2006 passed by the SDJM, Sambalpur in CMA No. 18 of 2006 arising out of 2(b) CC No. 1 of 2006 is assailed in this case by the petitioner.

2. The moot question that needs determination in this case is whether a vehicle seized for alleged commission of an offence under the Wild Life Protection (Amendment) Act, 2002 (hereinafter referred to as ‘the Act’) can be released in the Zima of the owner thereof pending final decision in the case. In the present case a Maruti Esteem car bearing registration number OR-05-N-9239 was seized by the Forest Range Officer, Town Range, Sambalpur for alleged commission of offence in contravention of Section 9 read with Sections 2(20)/39/40/51/(1) of the Act. The fact of such seizure was reported to the SDJM, Sambalpur on the basis of which the aforesaid complaint case was registered. The learned SDJM on being prima facie satisfied about commission of the alleged offences has taken cognizance thereof. The petitioner claiming to be the owner of the said car filed a petition before the SDJM under Section 457 Cr.PC for releasing the said car in his Zima. It was averred in the said petition that the petition