Mrs Sonabai Raippa More vs State Of Mah & Ors
2016 Latest Caselaw 5133 Bom

                                         1                         CRI. APPLN
                                                               NO.1425.2005.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                             
                     BENCH AT AURANGABAD




                                                     
                 CRIMINAL APPLICATION NO. 1425 OF 2005

                 Sonabai w/o Raippa More,
                 age 35 yrs, Occ. Agriculturist,




                                                    
                 R/o Umbargaon,
                 Tq. Shrirampur, Dist. Ahmednagar.      Petitioner/
                                                     Orig applicant.

                 VERSUS




                                        
         1.      The State of Maharashtra.
                             
         2.  The Investigating Officer,
             Newasa Police Station,
                            
             In Crime No.187/2003.
             Dist Ahmednagar.                    Respondents.
                                    ...
                  APP for Respondents: Miss R P Gour
      

                                    ...
                      CORAM : V.K. JADHAV, J.

Dated: August 31, 2016 ...

ORAL JUDGMENT :-

1. None present for the applicant.

2. The learned APP submits that, the applicant

claims to be the registered owner of Tata Sumo Jeep

bearing registration No.MH-20/T-7716 and there is a

taxi permit for the said vehicle. According to the

petitioner, she used to give said vehicle on hire. On the

basis of certain secret information, PSI of Newasa Police

2 CRI. APPLN NO.1425.2005.odt

Station, seized the said vehicle under the provisions of

Forest Act on the ground that vehicle was being used for

transportation of the Sandal Wood. On the basis of the

complaint lodged by the P.S.I. Newasa Police Station,

Crime no.187/2003 came to be registered at Police

Station, Newasa for the offences punishable under

section 379 of the Indian Penal code and u/s 3 and 4 of

the Prevention of Falling of Trees and also under section

34 (1) (a), 14, 42 of Indian Forest Act.

3. Petitioner on 8.1.2004 filed an application for grant

of interim custody of the said vehicle, however, the

learned Magistrate has rejected the said application

with the observations that the Magistrate has no

jurisdiction to return the vehicle. Being aggrieved by

the same, the applicant has preferred Criminal Revision

Application No.20/2004 before the Sessions Court,

Shrirampur and the learned Additional Sessions Judge,

Shrirampur, by its impugned order dated 24.8.2004,

dismissed the said revision. Being aggrieved by the

same, the petitioner has preferred this application and

3 CRI. APPLN NO.1425.2005.odt

while issuing Rule, this Court by order dated 29.7.2005

by way of interim relief, directed that vehicle in question

Tata Sumo Jeep bearing registration No.MH-20/T-7716

be returned to the applicant on conditions as detailed in

the order.

4. The learned APP submits that, in the said Crime

No.187 of 2003 after due investigation, Police Station

Newasa submitted charge sheet before the Judicial Magistrate First Class, Newasa and the learned

Magistrate, Newasa by its Judgment and Order dated 3.4.2014 acquitted the accused in the said case, however, seized Sandalwood of 140 Kilograms is directed

to be given to the Forest Department and also directed

that seized vehicle Tempo bearing registration No.MH- 20/T-7716 be returned to the original owner. The learned APP has submitted copy of the Judgment and

order passed by the Magistrate and said Criminal Case 42/2014. The same is taken on record.

5. In view of this, nothing survives in this criminal application. Application is accordingly disposed of. Rule is made absolute in above terms.

( V.K. JADHAV, J. ) ...

aaa/-