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December 21, 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 2834 OF 2021

SARIKA NITIN SALUNKHE

} PETITIONER

V/S.

THE STATE OF MAHARASHTRA

} RESPONDENT

* * * *

Mr. Umesh R. Mankapure, Advocate for the petitioner.

Smt. S.V. Sonawane, APP for State.

Coram : Sandeep K. Shinde, J.

Tuesday, 21^st December, 2021.

Oral Judgment :

1.

Rule. Rule made returnable forthwith.

2.

Question falling for my consideration is;

(i)Whether any property including vehicle seized under

Section 50(1)(c) of the Wildlife Protection Act, 1972 (“Act

of 1972” for short) on accusation or suspicion of

commission of offence under the Act of 1972 can be

released by the Magistrate pending trial in accordance with

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December 21, 2021

Section 50(4) of the Act of 1972 read with Section 451 of

the Criminal Procedure Code ?

3.

Briefy stated, prosecution’s case is; that on 26^th

October, 2020 the Forest Authorities intercepted the truck

bearing Registration No.MH-09-EM-8479 (“vehicle” for

short). The authorities, after search of the vehicle, found

the said vehicle was allegedly carrying bauxite which was

m