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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Mohammad Shoaib – Appellant
Versus
State of Chhatisgarh – Respondent
| Table of Content |
|---|
| 1. seizure of vehicle based on wildlife offences pending trial (Para 1 , 2 , 4) |
| 2. arguments regarding jurisdiction of confiscation orders (Para 7 , 8) |
| 3. court's interpretation of property rights under wildlife legislation (Para 10 , 14 , 15) |
| 4. final order on confiscation based on judicial findings (Para 17 , 18) |
1. The petitioner No.1 is the registered owner of Maruti Zen bearing registration No.CG.04 / ZD 7655. The said vehicle was found involved in commission of offence punishable under S.9, S.44, S.51, S.25 & S.26(28) of the Wild Life (Protection) Act, 1972 (henceforth 'Act of 1972') and Criminal Case No. 647/2012 was registered in the Court of Judicial Magistrate First Class, Baloda Bazar titled as State of Chhatisgarh v. Mohammad Shoaib & another and same is pending consideration.
2. Case of the respondent / State, in brief, is that the petitioner No.1, who is registered owner of the above stated vehicle, was found committing offence, which is punishable under the Act of 1972. The said vehicle along with arms and other articles was seized by the jurisdictional forest authorities and, thereafter, proceeding for confiscation was initiated under the provisions of
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