The main legal point established in the judgment is that the Magistrate has the authority to grant interim custody of seized property, such as a vehicle, to its owner during the pendency of the trial, as provided under Section 451 of the Code of Criminal Procedure, 1973.

Shivakant Prasad, J.

Petitioners being the State of West Bengal, Divisional Forest Officer, Kharagpur Division and Forest Ranger Officer, Ghatal have challenged the order No. 12 dated December 15, 2017 in Criminal Revision No. 12 of 2016 passed by learned Additional District & Sessions Judge, Ghatal arising out of an order dated February 13, 2017 passed by learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur in connection with P.R. No. 03/G.T.L. of 2015/2016 and impugned order dated December 26, 2017 passed by the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur directing the petitioners to be personally present on January 30, 2018 before the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur.

2. The brief facts leading to the instant case is that having been informed by the Officer-in-Charge, Chandrakona (L) Police Station on February 15, 2016 at about 16:10 Hrs. the Forest Range Officer, Ghatal, Social Forestry Range along with the Police Officials attached with the Chandrakona Police Station, intercepted a vehicle being Registration No. WB 68 G/1215 at Halderdighi under Ward No. 2 of Khirpai Municipality area on Raipur, Bankura to Khirpai Road carrying some illicit forest produce as well as the animal article.

3. During search of the aforesaid intercepted vehicle, one Chameleon, which is a Scheduled Species under the Wildlife Protection Act, 1972 as amended up to date, had been found kept in a cage inside the said vehicle. On being asked, the person in charge of the said vehicle and others, who were present in the said vehicle, failed to produce any such document authorizing them to carry such wildlife article.

4. Thus, in exercise of the power conferred under sub-section (3) of Section 50 of the Wild Life Protection Act, 1972, the persons inside the vehicle were detained and arrested by the petitioner no. 3 herein and in exercise of the power conferred under Section 52 of the Indian Forest Act, 1927. The said vehicle No. WB 68 G/1215, which was used for carrying Wildlife Article, was seized after compliance of all procedural formalities.

5. On behalf of the petitioners it is contended that the petitioner no. 2 after arrest and seizure of the vehicle and relevant documents forwarded before the learned Additional Chief Judicial Magistrate with a prayer of the Authorized Officer for drawing up a proceeding under Section 59(A) of the Indian Forest Act, 1927, vide Memo No. 55/GTL-15 dated February 17, 2016.

6. It is submitted that having been informed, the Authorised Officer initiated a proceeding under Section 59(A) of the Indian Forest Act, 1927 and pursuant to the provision enumerated under Section 59(B) of the Indian Forest Act, 1927, a notice was given to the opposite party herein by providing clear 30 days time so as to enable him to give his reply to the show cause notice.

7. On replying being submitted the petitioner no. 2 Divisional Forest Officer gave personal hearing on July 25, 2016 by recording their deposition passed a reasoned order being Office Order No. 318/15-2 (P & L)/Confis./2016 dated, Kharagpur, the 17.10.2016 directing the petitioner no. 3 to take permanent charge of the vehicle under reference with immediate effect for the purpose of confiscating the same by the Authorised Officer.

8. On being aggrieved by the reasoned order the opposite party owner of the vehicle filed an application before the learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur for release of the vehicle and the learned ACJM, Ghatal rejected the application by order dated 13th February, 2017 without considering the observation in the decision reported in 2016 (2) C Cr LR (Cal.) 585 as the case was not apposite to the facts of the instant case as the cited decision was in respect of seizure of the taxi under Section 50 of the Wild Life (Protection) Act, 1972 when a confiscation of the vehicle was done by the Authorised Officer under Section 59A(3) of th