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2025 Supreme(Online)(Mad) 48277

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
S.Dhasaradan – Appellant
Versus
State Rep by The Forest Range Officer, Tambaram – Respondent
Crl.R.C.No.994 of 2025



Advocates:
For the Appellants/Petitioners: Mr.P.K.Ganesh
For the Respondents:Mr.A.Gopinath Government Advocate (Crl.Side)

The court upheld the trial court's dismissal of a vehicle return application under the Wildlife (Protection) Act due to its involvement in illegal activities.

Headnote:The court considered the application under Sections 438 r/w 442 of the BNSS, 2023 regarding the return of a vehicle seized for involvement in unlawful transportation of elephant tusks. The court found no legal infirmity in the trial court's refusal to return the vehicle, as it was involved in a case under the Wildlife (Protection) Act, 1972. The dismissal of the petition was upheld. The principal issues included the validity of the trial court’s dismissal of the return application. The court reasoned that the vehicle's connection to illegal activities justified its retention, emphasizing the application of the Wildlife (Protection) Act.

Result: This Criminal Revision case stands dismissed.

Table of Content
1. dismissal of petition for vehicle return (Para 1 , 2)
2. legality of vehicle seizure under wildlife laws (Para 3 , 4)

O R D E R

This Criminal Revision has been preferred as against the order dated 02.04.2025 passed by the Judicial Magistrate Court No.II, Tambaram in Cr.M.P.No.2363 of 2024 thereby dismissing the petition filed for return of vehicle.

2. Heard the learned counsel appearing on either side and perused the materials placed on record.

3. The Petitioner owned a car bearing registration No.PY 01 DB 2224. The vehicle owned by the petitioner was given to the accused for illegal transportation of elephant tusk. On the information, the car was intercepted and found that the accused have transported elephant tusk in the car owned by the petitioner. Therefore, the respondent registered the case in WLOR.No.03/2024 and seized the car for the offences u/s 2(2), 39, 44, 49(A-C), 50, 51(1 A),52, 55, 56, 57, 58(A to Y) Wildlife (Protection) Act 1972. Thereafter, the car was produced before the trial court and the confiscation proceedings were also initiated against the car. Though the petitioner is the accused, the car owned by the petitioner was involved in WLOR.No.3 of 2024 on the file of the Wild Life (Protection)

Act 1972.

4. In view of the above, the trial court had rightly dismissed the petition seeking return of vehicle. Hence, this Court finds no infirmity or illegality in the order dated 02.04.2025 passed by the Judicial Magistrate No.II, Tambaram in Crl.M.P.No.2363 of 2024.

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