- (1.) THE petitioner has invoked the jurisdiction of this Court in terms of Section 561 -A Code of Criminal Procedure for quashing the order dated 31.12.2004 (hereinafter for short impugned order) passed by 4th Additional Session Judge, Srinagar, in revision petition titled Ali Mohammad Patloo v. State of J&K, whereby and where -under the revisional court released the seized vehicle (confiscated vehicle) in favour of respondent on superdnama.
(2.) HEARD . Perused. Considered. It appears that truck bearing registration No.JK01/4546 came to be seized along with illicit timber and Divisional Forest Officer (DFO), Urgan Forestry Division, Srinagar (Authorized Officer under Section 26 of the Jammu and Kashmir Forest Act), initiated proceedings under Section 26 of the Act and confiscated the said vehicle vide order dated 17th October, 2004.
(3.) THE respondent herein, feeling aggrieved of the said order preferred a revision petition before Principal District & Session Judge, Srinagar, which came to be transferred to the court of 4th Additional Sessions Judge, Srinagar. The said revision petition is still sub -judice. The respondent, herein, also moved an application for the release of vehicle in question and learned 4th Additional Sessions Judge, Srinagar, released the vehicle on superdnama in favour of petitioner/owner i.e. respondent, herein, with a stipulation to undertake to produce the vehicle before the court as and when required.;