G.S. Solanki, J.

1. Heard finally with the consent of the learned counsel for the parties. This petition has been filed by the applicant invoking the extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C. being aggrieved by order dated 5.8.2013 passed by Chief Judicial Magistrate, Sidhi in Forest Crime No. 471/25 by which the application filed by the applicant under Section 457 of the Cr.P.C. for interim custody of offending vehicle Tractor No. MP17D/5441 and Trolley No. MP17D/5442, has been dismissed.

2. The facts, in short, giving rise to this petition are that an offence has been registered vide Forest Crime No. 471/25 before Chief Judicial Magistrate, Sidhi for the offence punishable under Sections 27, 29, 39(d), 51 of Wild Life (Protection) Act and Sections 2, 41, 52 of the Forest Act. The applicant has filed an application under Section 457 of the Cr.P.C. for releasing the offending vehicle on interim custody on his Supurdginama, which was dismissed by the Chief Judicial Magistrate, Sidhi, hence this petition.

3. Learned counsel for the applicant has submitted that the trial Court has committed illegality in dismissing the application under Section 4