STATE OF KARNATAKA Vs. MOHAMMED PEERAN SAB

JUDGEMENT

(1.) This revision coming up before the court for further orders on I.A.I., on the request of the counsel appearing for the respondent, the revision petition itself is proposed to be disposed of.

(2.) The revision is directed against the order dated 16-6-1980 passed by the Additional Chief Judicial Magistrate, Shimoga whereby he has rejected the objection raised by the Forest Department for release of the vehicle bearing No. MYG 35 and directed to release the same.

(3.) The vehicle in question, along with forest produce illicitly being transported, was seized by the Range Forest Officer, Forest Mobile Squad, Shimoga, on 25-8-1980 (sic) for the commission of the Forest Offience under Section 87 of Karnataka Forest Act and a report regarding the seizure sent to the Magistrate. On the application of the respondent made under Section 451, Cr.P.C. for the release of the vehicle, the Forest Department objected to such release on the ground that the vehicle was required to be produced before the competent authority for taking action under Section 71A of the Act. The learned Magistrate relying upon the decision of this court in State of Karnataka v. Shivananda (1977-2 Kant LJ 452) : (1978 Cri LJ NOC 44) rejected that objection and proceeded to make an order releasing the vehicle in favour of the respondent. Hence the revision.