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2016 Supreme(Mad) 550

B.RAJENDRAN
S. Dhanasekarapandian – Appellant
Versus
District Forest Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.G.Prabhu Rajadurai
For the Respondents: Mr. A.Muthu Karuppan, Addl.Govt.Pleader

ORDER :

The prayer in the Writ Petition is for a Writ of Mandamus to direct the respondents to forward the articles seized under Wild Life Offence Report No.2/2014 dated 10.12.2014 by the respondents 1 and 2 to the jurisdictional Magistrate to decide the petitioner's application for the return of the seized articles in consideration of the petitioner's representation dated 18.12.2014.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The grievance of the petitioner is that no doubt, he is involved in the Wild Life offence, but he has compounded the offence. Once he compounded the offence, according to him, the proceedings can go on or any offence is made out, he may undergo punishment including the confiscation of vehicle or gun. In this connection, he relied upon the judgment of the Honourable Supreme Court in Principal Chief Conservator of Forest and Another Vs. J.K.Johnson and others reported in (2012) 2 MLJ 257 (SC) wherein, the Honourable Supreme Court categorically held that the order of confiscation is wrong, at best the matter is remitted back to the Magistrate, who will deal in accordanc



















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