JUDGMENT

C. R. PAL, J. — The petitioner has come up with this petition under Sec. 482, Cr.P.C. to quash the proceeding of 2(b) C.C.No. 1 of 1999 of the Court of JMFC (Paradeep), Kujanga and the order (Annexure-5) passed in the said proceeding on 11.2.1999 refusing to release the trawler of the petitioner seized in the aforesaid case for an offence under Sec. 51 of the Wild Life (Protection) Act, 1972.

2. The petitioner is the owner of the trawler named as ‘Mahapurusa’ bearing registration No. OCM (T) 207 with Ashok Leyland Engine No. A.L.11799. He has also been granted with the licence by the A.D.F., Marine, Kujanga under the Orissa Marine Fishing Regulation Act, 1982 for operating the trawler as a fishing vessel. According to the petitioner, while his trawler was engaged in fishing beyond the prohibited area as notified in Schedules-A and B of the notification dated 27.9.1997 (Annexure-1) issued by the State Government in Forest and Environment Depart¬ment, the Forest Range Officer, Kujanga directed the crewmen to pull out the net from the water and finding that two Olive Ridley Turtles were in the not along with the fishes, seized the trawler and net etc. and arrested the crew me