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2019 Supreme(MP) 31

R.S.JHA, SANJAY DWIVEDI
Rajpati Yadav – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Rajmani Mishra for petitioner;
Smt. J. Pandit, Government Advocate for respondent/State.

ORDER

1. Heard on the question of admission.

2. The petitioner has filed this petition being aggrieved by order dated 29.11.2018 passed by the respondent authorities rejecting the application filed by the petitioner for release of the petitioner’s Truck bearing registration No. UP 44 AT 3225 which has been seized by the authority concerned for offences committed by the petitioner under the provisions of the Indian Forest Act, Wild Life (Protection) Act, Minor Mineral Rules, 1996 as well as the Indian Penal Code, as the petitioner was caught excavating and transporting sand and destroying the habitat of alligator/crocodile in the Sone Ghadiyal Sanctuary.

3. The learned counsel for the petitioner submits that pursuant to the aforesaid registration of the case against the petitioner in respect of the alleged offences committed on 15.6.2018, the respondent authorities have seized the petitioner’s truck and, apart from initiating criminal proceedings against the petitioner, are also proceeding with the confiscation proceedings in respect of the truck.

4. The learned counsel for the petitioner submits that he had filed an application seeking release of the truck during the pendency of the c













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