A.D.TATED, J. - (1.)The State has preferred Criminal Revision Application No. 286 of 1988 passed by the Judicial Magistrate, F.C., Shahada, ordering the return of the truck No. MWD 5480 to its owner Jagannath Shankar Badgujar. The owner filed Criminal Application No. 1769 of 1988 for vacating the order of stay passed by this Court in Criminal Revision Application No. 286/88 staying the order dated 23rd June, 1988 passed by the learned Judicial Magistrate, F.C., Shahada, in S.T.C.C No. 559 of 1988 and for confirming the order of the return of the truck to him passed by the learned Judicial Magistrate, F.C., Shahada.
(2.)The truck in question was seized by the Forest Officer while it was being wed for carrying away gravel stone-forest produce from the forest without any licence or permission. The truck was being driven by the driver Rajendra Hilal Patil who was prosecuted for the offence punishable under section 26(g) of the Indian Forest Act and he was sentenced to pay a fine of Rs. 75/-. No order of imprisonment was passed by the learned Magistrate while disposing of the criminal case of the admission of the guilty by the accused Rajendra Hilal Patil. Later on the owner of the truck appeared before the learned Judicial Magistrate, F.C., Shahada and after hearing the owner of the truck and the complainant, the Forest Officer, the learned Judicial Magistrate on 23rd June, 1988 passed the impugned order directing the truck to be delivered to the owner Jagannath Shankar Badgujar after the appeal period was over.
(3.)Feeling aggrieved by the order of learned Judicial Magistrate directing the truck to be delivered to the owner Jagannath Shankar Badgujar, the State has preferred Criminal Revision Application No. 286 of 1988 and the owner of the truck filed Criminal Application No 1769 of 1988 for vacating the stay order passed by this Court and for delivery of the truck to him. The State has also sought for enhancement of the sentence passed by the learned Judicial Magistrate against the accused for the offence under section 26(g) of the Indian Forest Act. (7th October, 1988)