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2012 Supreme(Mad) 4817

B.RAJENDRAN
G. Raja – Appellant
Versus
Forest Range Officer, Pernambut Division, Gudiyatham Range – Respondent


ADVOCATES APPEARED:
I. Paul Nobel Devakumar, for Petitioner Mohammed Riyaz, Government Advocate (Crl.side), for Respondent

ORDER

1. This Criminal Revision Case is filed by the petitioner challenging the order dated 22.2.2012 passed by the learned Judicial Magistrate, Gudiyatham in C.M.P. No. 451 of 2012, by which, the application filed by him for return of vehicle under Section 451 of Cr.P.C. was dismissed.

2. According to the petitioner, he is the owner of the two wheeler – Hero Honda Splendor bearing Registration No. TN-23-AU 5491 and it was seized by the first respondent in connection with the case in W.L.O.R. No. 11 of 2009 registered for the offence punishable under Sections 9, 39, 51 and 54 of The Wild Life (Protection) Act, 1972 (hereinafter referred to as ‘The Act’). Pursuant to such seizure, the offence was compounded and the petitioner also paid the compounding fee to the Gudiyatham Range. As per the first information report, the vehicle was shown as a case property and it was not produced before the concerned Court. On the contrary, the vehicle was seized by the first respondent and it was given to the custody of the second respondent. As the vehicle was seized as early as on 23.7.2009 and it is kept idle, exposed to sun, heat and rain, the petitioner filed the application in C.M.P. No. 451 of














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