Bombay High Court
Bhima Anna Gaikwad vs State Of Mah on 15 November, 2016
Bench: V.K. Jadhav
1 CRI APPLN NO.685.2005.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 685 OF 2005
BHIMA ANNA GAIKWAD,
Age. 39 yrs, Occ. Business,
R/o Umbargaon, Tq. Shrirampur,
District Ahmednagar. ...Applicant.
VERSUS
THE STATE OF MAHARASHTRA. ...Respondent.
...
APP for Respondents: Mr S P Tiwari
ig...
CORAM : V.K. JADHAV, J.
Dated: November 15, 2016
...
ORAL JUDGMENT :-
1. None present for the applicant. Heard the learned
APP for the State.
2. Brief facts, giving rise to the present criminal
application are as follows :-
The applicant is permanent resident of
Umbargaon, Tq. Shrirampur, District Ahmednagar. He
has kept sandalwood in his residential house. On the
basis of certain information PSI of Police Station,
Kopargaon lodged a report on 30.9.2004 against the
present applicant and accordingly crime no.219/2004
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2 CRI APPLN NO.685.2005.odt
came to be registered against the present applicant and
one another for having committed an offence punishable
under section 379 read with 34 of IPC and 26(F)66, 77,
41(2), 52, 55 of the Indian Forest Act. The applicant
filed an application before the Judicial Magistrate First
Class, Kopargaon soliciting return of the property as it
was purchased and possessed by way of a valid permit.
On 12.10.2004 PSI of Police Station, Kopargaon
informed Forest Department Kopargaon about said
offence and further requested the D.F.O. Ahmednagar to
take action under section 61-F of Indian forest Act 1927
to confiscate the said property. The D.F.O. Ahmednagar
by his letter dated 23.12.2004 informed to the PSI that
since the seized sandalwood was in possession of the
petitioner under valid permit, no action under section
61 can be initiated by the Forest Department. On
30.11.2004 investigation was completed and charge
sheet also came to be filed. The applicant therefore filed
an application before the Judicial Magistrate First Class,
Kopargaon under section 451 of Cr.P.C. However,
learned Magistrate rejected said application.
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3 CRI APPLN NO.685.2005.odt
3. This Court by order dated 30.6.2005 pending the
hearing and final disposal of the application returned
seized sandalwood to the applicant on the terms as
detailed in the order. It further appears that in terms of
the said order the applicant has also furnished bank
guarantee to the extent of amount of Rs.2,63,500/- as
directed by this Court. It thus appears that during the
pendency of this application, seized sandalwood came to
be returned to the applicant.
4. It appears from the impugned order that, though
the Magistrate has observed that Forest Department has
no objection and property may be disposed off as per
the order of the court, refused to release the property to
the applicant pending the trial. It appears that in terms
of registration of the crime no.219/2004, charge sheet
came to be submitted before the Court and till this time,
case must have been disposed off by the learned
Magistrate. By order dated 30.06.2005 Muddemal
property is already given in the custody of the present
applicant, however, final disposal of the property is
subject to the decision of the case pending before the
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4 CRI APPLN NO.685.2005.odt
Magistrate. In view of this, following order would meet
the ends of justice.
O R D E R
I. Criminal Application No.685/2005 stands
disposed off in terms of interim order dated
30.6.2005.
II. The final disposal of the property is subject to
the order passed by the Magistrate at the
conclusion of Trial.
III. In case, the Magistrate has concluded the trial
without passing any order about the final
disposal of the property, then, in the light of the
observations made hereinabove, the applicant is
at liberty to file an application under the
provisions of section 452 of the Criminal
Procedure Code before the Magistrate and the
learned Magistrate may dispose off the same in
accordance with law.
IV. Criminal Application accordingly disposed off.
Rule is made absolute in above terms.
sd/-
( V.K. JADHAV, J. )
aaa/- ...
