Heard

1. This petition is against the order dated 01.02.2018 passed by the Sessions Judge Dhamtari in Criminal Revision No.3/2018. By such order, the revisional Court has affirmed the rejection of application for custody of the vehicle seized in Crime No.407/2017 under Section 379 of Indian Penal Code & under Sections 9, 39, 48-A, 49 & 51 of the Wild Life Protection Act, 1972 and under Section 26(1) J of the Indian Forest Act, 1927 and also under Section 30 of the Arms Act.

2. It has been contended before this Court that after framing of charge, the offence under Section 9 & 48-A of the Wild Life Protection Act, 1972 (hereinafter referred to as “Act, 1972”) and Section 379 of I.P.C. and Section 30 of the Arms Act has been framed by the Judicial Magistrate.

3. As per the prosecution case on 03.10.2017, in a farm house which is adjacent to the forest, the petitioner has killed Cheetal by his .22 bore Rifle and shot him down and in order to consume the meat took it in a XUV vehicle bearing No.C.G.05/MB/2656 and from Vishrampur forest came to Dhamtari. The dead Cheetal and flesh and vehicle were seized, thereafter, the charge sheet was filed. During pendency before the Court, an ap