A trawler cannot be held as a property of the State without imposing any restriction, and it can be released on bond if there is no finding that it was actually used for the commission of an offence.

( 1 ) PETITIONER, Sri Timir Chowdhury, filed an application under section 482 of the Criminal Procedure Code, 1973, assailing the Order dated 25th July, 2005 passed by the learned Additional Dristrict and Sessions judge, 16th Court, Alipore, 24-Parganas (South) in Criminal Motion No. 386 of 2005. By the said order, the learned Court dismissed the revisional application which was preferred challenging the order dated 21st May, 2005 passed by the learned Chief Judicial Magistrate, Alipore, 24 Parganas (South)in Complaint Case No. 3108 of 2005.

( 2 ) GRIEVANCES of the petitioner, as ventilated in the application, may briefly be stated as follows :the petitioner owns a fishing vessel namely, F. B. Bumba, which is registered under section 9 (1) of the West Bengal Marine Fishing regulation Act, 1973. He is a licence holder for zone (D) fishing and uses the vessel in order to carry out fishing and allied marine activities to earn a livelihood for his family.

( 3 ) ON 19th May, 2005, the opposite party No. 2 lodged a complaint before the Court of learned Chief Judicial Magistrate, Alipore, 24-Parganas (South), wherein it was alleged that on the said date at about 1 a. m. , when the O. P. No. 2 along with other forest officials was coming back after patrolling in saptamukhi Block under Namkhana Range through Hatania Duania river, they cheeked the fishing boat named "f. B. Burnba" on suspicion. After inspecting the same it could be found that 41 sharks, of which 40 were gangetic shark and one Guitar shark, which have been earmarked as 'schedule-1 Part IIA' animals as per the Wild Life (Protection) Act, 1972, were kept in the vessel. The forest officers directed the persons present in the vessels to produce valid document for possession of such animals but they failed to do so. All the 14 (fourteen) persons who are in the vessels were arrested. Seizure list were prepared and arrested persons were forwarded to the Court.

( 4 ) ON the basis of such complaint, Case No. C-3108/2005 was registered under sections 9, 39, 44, 49b and 51 (1) fo the Wild Life (Protection) Act, 1972 against Sri Gurupada Das and 13 (thirteen) others. The prosecuting agency sught for permission of the learned Court for burial of the 40 sharks since the same are perishable and sent only one such shark to Director of geological Survey of India, Kolkata, for proper identification.

( 5 ) THE bail application filed on behalf of the petitioner on 19th May, 2005 which was rejected. Thereafter, he was let out on bail by the learned Court of Additional Sessions Judge, Alipore On the said day, i. e. , 19. 05. 2005, the petitioner claiming to be the owner of the seized trawler "f. B. Bumba", filed an application before the learned Magistrate for return of the said vessel. Learned Court called for report from the Forest Range Officer, namkhana Range by 21. 05. 2005.

( 6 ) OPPOSITE party No. 2, in response to such direction of the learned Court, submitted a report thereby raising objection to the prayer for return of the seized trawler. Learned Court by order dated 21. 05. 2005 after taking into consideration all relevant facts and materials including the report submitted by present opposite party No. 2 rejected the prayer for return of the vessel.

( 7 ) BEING aggrieved by such order dated 21st May, 2005, the petitioner approached the learned Court of Revision by filing a revisional application. Learned Court of Revision subsequently by order dated 25th July, 2005 dismissed the application being Criminal Motion No. 386/05, thereby affirming the order dated 21st May, 2005 passed by the learned Magistrate.

( 8 ) THE said trawler had been kept by the prosecuting agency in an uncared manner under the open sky on the beach. The manner in which it had been kept reflects total lack of concern on the part of the department. The condition of the same is bound to deteriorate gradually thereby making it unfit for any future use. Petitioner as lawful registered own