U.S.Tripathi, J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) THIS revision has been directed against the order dated 14-2- 2000 passed by Judicial Magistrate, Ranikhet, District Almora rejecting the application of the applicants for release or wood in their favour. It is not disputed that the ap plicants cut down green tree allegedly belonging to them without any permis sion. A case at crime No. 6 of 1998 under Sections 379, 411, 109 I.P.C. and 4/10 Protection of Green Trees Act was registered. During pendency of investiga tion of the said case, the applicants moved an application for release of wood. The learned Magistrate rejected the above ap plication on the ground that wood is a case property and its production would be re quired during trial. Assuming for the sake of argument that the accused has committed offences mentioned in the F.I.R. the liability of applicant shall be decided on merit on the basis of evidence. The contention of the applicants was that the tree belonged to them. This aspect shall also be considered by the trial Court.
(3.) IT is not disputed that wood is lying in the custody of Revenue Police and there is apprehension of its being damaged. No useful purpose would be served by keeping the wood in such a condition. Therefore, wood may be released in favour of applicants on furnishing a personal bond and one surety of adequate amount to the satisfaction of the Magistrate concerned. The revision is, accordingly, al lowed with above observation. Revision allowed.;