SALIL KUMAR RAI, SURENDRA SINGH-I
Devendra Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Surendra Singh-I, J.
Heard Mohd. Farooq, learned counsel for the petitioner and learned Standing Counsel representing the State.
2. The prosecution case against the petitioner, Devendra Kumar, and his son, Prashant Vishnoi in brief is that on receiving the information regarding illegal storage of large quantity of hide, trophies made of skulls and horn of prohibited forest animals including their meat kept in 47 packets on 29.04.2017 at 01:30 p.m., a joint team of officers of Directorate of Revenue Intelligence and Forest Department, Meerut Division, Meerut, raided the residence of the petitioner, Devendra Kumar, and his son, Prashant Vishnoi situated at 36/4, Civil Lines, Meerut. From the room situated at second floor of the house, hide of leopard, hide and skull of black deer, horns of sambar and deer in large quantity and a knife with handle made of tusk, was recovered. On the ground floor, meat of prohibited wild animals kept in 47 packets in freeze container (deep freezer) was also recovered. Details of articles recovered is as follows :-
(ii) one hide of deer/antelope
(iii) one skull of large antelope
(iv) 3 horns of young large antelope
(v) 9 deer
Under the Wild Life (Protection) Act, 1972, a vehicle used in committing an offense is deemed as government property and is not liable to be released during the trial.
Point of Law : On the basis of seizure and mere accusations/allegations, Section 39(1)(d) of the 1972 Act cannot be allowed to operate and if it is so done, it would be hit by the constitutional prov....
The Magistrate retains the authority to grant interim release of seized property pending trial, despite the omission of a previous legislative provision that had offered similar powers to authorities....
Confiscation of property under wildlife laws requires a finding of guilt in a criminal trial; mere suspicion is insufficient.
The main legal point established in the judgment is that the lower courts must determine their own jurisdiction under Section 457 Cr.P.C. to release a seized vehicle during pending confiscation proce....
The rightful owner of seized property should be allowed to enjoy the property, and the power under Section 451 of the Criminal Procedure Code should be exercised judiciously and promptly.
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