- (1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) Considering the nature of the prayer made in the application as also the order that is being passed, the learned A.G.A. neither prays for time to file counter affidavit nor the same is required as the order is being passed purely on a legal question.
(3.) From the record it appears that the applicant, for cutting a green tree, was made an accused of an offence punishable under Section 4/10 of U.P. Protection of Trees Act, 1976, which was registered as Case Crime No.1542 of 2014 at P.S. Dubauliya, District Basti and the timber was seized. As the offence was compoundable, the applicant deposited certain amount and moved an application for compounding as a consequence thereof the police submitted a final report on 30.12.2014, which is yet to be accepted. In the meantime, the applicant applied to the concerned Magistrate for release of the timber.;