Once confiscation proceeding has started, the criminal courts have no jurisdiction to release the seized vehicle.

Heard Mr. D. Gogoi, learned Special Public Prosecutor, for the petitioners. Also heard Mr. P.K. Roy, learned Senior Advocate, assisted by Mr. S.K. Chakraborty, learned counsel for the respondent.

2. In this petition, under Section 482 of the Code of Criminal Procedure, the petitioners have challenged the correctness or otherwise of the order dated 11.04.2023 passed by the learned Judicial Magistrate 1st Class, Margherita, in CR Case No. 26/2022, arising out of Offence Report No. LP/16 of 2022-23.

3. It is to be mentioned here that vide impugned order, dated 11.04.2023, the learned Judicial Magistrate 1st Class, Margherita, in CR Case No. 26/2022, arising out of Offence Report No. LP/16 of 2022-23, had directed the petitioner No.2 to release one JCB 3DX SUPER, bearing Registration No. AR01 M 7927, in the custody of the respondent.

4. Further, it is to be noted here that vide order dated 28.08.2023, this court, at the stage of motion, after hearing the learned counsel for the petitioner, was pleased to grant stay of the impugned order, dated 11.04.2023, passed by the learned Judicial Magistrate 1st Class, Margherita. Thereafter, the respondent has preferred one interlocutory application, being I.A.(Criminal) No.1088/2023 for vacation/modification/alteration of the order of this court dated 28.08.2023.

5. And by this common judgment and order, it is proposed to dispose of both the petitions together.

6. The background facts leading to filing of the present petition is briefly stated as under:-

“On 13.12.2022, the Staffs of Lekhapani Forest Range have apprehended one Robin Rai, inside the Tirap Reserve Forest with one JCB 3DX SUPER, bearing Registration No. AR01M7927, while the same was being used for smuggling timbers. Thereafter investigation was carried out and the accused was arrested and forwarded to jaiol hazoot and seized the JCB with timbers and ultimately the investigation has culminated in submission of Offence Report, being Offence Report No. LP/16 of 2022-23, against the accused Kabir Rai to stand trial in the court under section 24/25/(a)/25(d)/25(e)/25(f)/33/34/35 read with section 40 and 41 of Assam Forest Regulation, which resulted in registration of CR Case No. 26/2022. Then having been satisfied with commission of a forest offence, the Divisional Forest Officer-cum Authorised Officer, Digboi had passed an order for initiation of confiscation proceeding in respect of seized items. Thereafter, the respondent has preferred an application under section 457 Cr.P.C. before the court of learned Judicial Magistrate 1st Class, Margherita seeking custody of the seized JCB, and then hearing learned Advocates of both sides the learned Judicial Magistrate 1st Class has dismissed the same. Thereafter, the respondent had preferred one Criminal Revision Petition, being Criminal Revision Petition No. 6(1)/2023, before the learned Addl. Sessions Judge, (FTC-I), Margherita and then the learned Addl. Sessions Judge, vide order dated 24.03.2023, directed the respondent to approach the learned Judicial Magistrate 1st Class, Margherita and further directed the learned Magistrate to dispose of such a petition, in the event of filing of such petition for zimma, in accordance with law. Thereafter, vide impugned order dated 11.04.2023, the learned Judicial Magistrate 1st Class, Margherita, had directed the petitioner No.2 to release one JCB 3DX SUPER, bearing Registration No. AR01 M 7927, in the custody of the respondent on his executing a bond, equivalent to market price of the JCB, with the condition that he shall not sell, transfer or dispose of the vehicle until the conclusion of the trial.”

7. Being aggrieved, the petitioners have approached this court challenging the correctness of the impugned order on the ground that the learned court below has failed to consider the fact that the Divisional Forest Officer-cum- Authorised Officer has already initiated the confiscation proceeding of the seized JCB and once the confiscation proceeding sta