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MADHYA PRADESH HIGH COURT
Dipak Misra, Kulshrestha, I.P. Rao, JJ
Madhukar Rao v. State of MP and Others
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| 1. multiple petitions address the authority of the court under the wildlife act. (Para 1 , 2) |
| 2. examination of act's provisions governing seized property. (Para 4 , 5 , 6 , 8 , 9) |
| 3. conflicting interpretations regarding power to release seized vehicles. (Para 11 , 12) |
| 4. affirmative ruling on magistrate's power to release seized vehicles. (Para 21) |
1. A common order is being passed in this petition with a batch of petitions W.P. No. 1189/98 (Amar Chand Jain and Anr. v. The State of M.P.), W.P. No. 1236/98 (Kripa Shankar Singh v. State of M.P. and Ors.), W.P. No. 3769/97 (Umashankar Bhargava v. State of M.P. and Ors.) as common question of general importance arises for decision.
2. The question raised is whether as a result of deletion of Sub-section (2) of S.50 of the Wild Life (Protection) Act, 1972 and as an effect of the provisions of S.39(1)(d) of the said Act, there exists no power with the Authorities under the Act of the Code to release any vehicle used in the course of alleged commission of an offence under the Act. Learned Single Judge I.P. Rao (as he then was) in State of M.P. v. Syed Yahya Ali (MANU / MP / 0244/1994 : 1995 MPLJ 791) and a Division Bench at G
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