Balveer Singh @ Balloo vs The State Of Madhya Pradesh
2023 Latest Caselaw 14935 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                         BEFORE
    HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                   ON THE 11 th OF SEPTEMBER, 2023
                 MISC. CRIMINAL CASE No. 2239 of 2023

BETWEEN:-
BALVEER SINGH @ BALLOO S/O LATE SHRI VISHAN
SINGH YADAV, AGED ABOUT 42 YEARS, OCCUPATION:
AGRICULTURE, R/O VILLAGE JOURASI, TEHSIL DABRA,
DISTRICT GWALIOR (MADHYA PRADESH)

                                                                  .....PETITIONER
(BY SHRI SKS JADAUN - ADVOCATE )

AND
THE STATE OF MADHYA PRADESH THROUGH FOREST
RANGE OFFICER, FOREST DIVISION GWALIOR
(MADHYA PRADESH)

                                                                .....RESPONDENT
(BY SHRI PPS VAJEETA - PP )

      This application coming on for admission this day, the court passed
the following:
                                    ORDER

This petition is filed by the petitioner under Section 482 of Cr.P.c. being aggrieved by order dated 3/3/2021 passed by Special Judge (Atrocities) Gwalior in Cr.R. No. 4/2021; whereby, order dated 17/12/2020 passed by Appellate Authority-cum-Conservator of Forest, Forest Circle, Gwalior in Appeal No. 11/2020 has been affirmed.

It is the case of the petitioner that the tractor-troleey bearing registration No. MP07H8603 belonging to petitioner has been seized in forest area as it was found involved in illegal transportation of stones. Accordingly case was

registered and tractor-trolley was seized.

Heard.

This is a case where the tractor-trolley belonging to petitioner was found transporting stones from forest area illegally and the grounds raised by petitioner have already been considered in detail by the Court below while passing the impugned order and need no reiteration by this Court again as in the opinion of this Court no perversity, irregularity or illegality has been committed by the Court below in passing the impugned order.

As regards the decisions cited by learned counsel for the petitioner, who placed heavy reliance over the decision of Apex Court in the matter of State of

M.P. Vs. Madhukar Rao\, 2008 (1) JLJ 427, in which in which the power of the Magistrate to release the seized vehicle on interim custody has been discussed; whereas, in the instant case confiscation proceedings have already been concluded and vehicle has been confiscated vide order dated 26/12/2019, and therefore, the aforesaid judgment is of no help to the petitioner, therefore, no interference can be made by this Court at such a belated stage.

Cumulatively, petition sans merits and is hereby dismissed.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

PRAKASH Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179c ec865c7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290E C8CB2193780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B 8072A2D8C01433EBD48AE4F609F108CA8F 8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.09.13 11:33:06 +05'30'