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2015 Supreme(Raj) 563

AJIT SINGH, ANUPINDER SINGH GREWAL
HARUN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Advocate Appeared:
Mr. Virendra Dave, Mr. Ritwick Dave, Mr. Manish Gupta, Mr. Deepak Soni, Mr. S.R. Chaudhary Mr. Ankit Khandelwal, Mr. K.K. Chhawal, for the petitioners.
Mr. Anurag Sharma, Additional Advocate General Mr. Ashrut Sethi, for the respondents.

JUDGMENT :

The following order of the Court was delivered by Hon'ble Mr. Justice Ajit Singh, Acting Chief Justice:

1. The petitioners claim themselves to be the owners of vehicles which have been seized either by a Forest Officer or a Police Officer not below the rank of a head constable on a reason to believe that forest offence under the Rajasthan Forest Act, 1953 has been committed. Also since forest offence has been registered against the persons alleged to have committed the same, they are being prosecuted before the Magistrate having jurisdiction to try such forest offence. The petitioners applied for interim release of their vehicles before the Magistrate under Section 451 of the Code of Criminal Procedure, but their applications have been rejected on the ground that no Court had jurisdiction to order for such interim release in view of bar under Section 52C of the Rajasthan Forest Act, 1953. Aggrieved, the petitioners have approached this High Court under Section 482 of the Code of Criminal Procedure for interim release of their vehicles. The learned Single Judge was however of the opinion that decisions of the Supreme Court in State (NCT of DelhI) Vs. Narender, 2014 (13) SC














































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