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G.S.SOLANKI
Biresh Kumar Singh – Appellant
Versus
State of M. P. – Respondent
Judgment:
G.S. Solanki, J.
1. This revision has been filed by the applicant under Section 397/401 of the Cr.P.C. being aggrieved by order dated 5-8-2013 passed by Chief Judicial Magistrate, Sidhi whereby the application filed by the applicant under Section 451/457 of the Cr.P.C. for releasing the vehicle on Supurdginama has been dismissed. The facts, in short, giving rise to this revision are that the applicant is a farmer and owner of Tata-407 vehicle bearing No. M.P. 53-GA-2054. He sent his driver with vehicle to purchase Sand for his personal use (for construction of his house). The driver was having all valid documents of vehicle and also having transit pass to transport the Sand. Despite that, the prosecution has registered an offence as Forest Offence Case No. 471/20 on 23-6-2013 against the driver for the offence punishable under Sections 27, 29, 39 and 51 of the Wild Life (Protection) Act alleging that he was unauthorisedly transporting the Sand from the protected area, i.e., Son Ghariya Wild Life Sanctuary, Sidhi. The vehicle was seized by the Police and Officer of Forest Department. Since the applicant was the registered owner of the vehicle, he filed an application under S
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